SLC H.B. 1401 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT H.B. 1401 By: Palmer 3-18-97 Committee Report (Amended) BACKGROUND Section 396.021 of the Texas Transportation Code states that an automotive wrecking and salvage yard that is located within 1000 feet of a right-of-way must be screened "with a solid barrier fence at least eight feet high . . . painted a natural earth tone color." Section 396.022 furthermore states that an automotive wrecking and salvage yard may not accumulate salvaged materials to a height exceeding eight feet above ground level, and the yards may not extend to within 50 feet of a right-of-way. Presently, a salvage yard operator who violates these provisions, including the provision which prohibits operation within 50 feet of a right-of-way, is not subject to any minimum fine. Section 396.041 of the Transportation Code allows for a county to issue and renew licenses to operate automotive wrecking and salvage yards; however, the fee for such a license is currently capped at $25. However, this fee does not accurately reflect the costs of processing the investigation for each licensee. PURPOSE HB 1401 would implement a $100.00 minimum fine for violation of the 50-foot right of way requirement and for violations of certain screening requirements. In addition, counties with population greater than one million would be allowed to impose licensing fees up to $250.00 to recover the costs of processing. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 396.024(b), Transportation Code, to institute a fine of not less than $100 and not more than $500 for violations of Sections 396.021 or 396.022. SECTION 2. Amends Section 396.041(c), Transportation Code, to allow counties with a population of greater than one million to impose a fee of up to $250 for the issuance and renewal of salvage and wrecking yard licenses. SECTION 3. Amends Section 396.045(b), Transportation Code, to allow counties to enforce their ordinances regarding salvages and wrecking yards with a misdemeanor punishable by a fine of not less than $100.00 and not more than $500. SECTION 4. This Act applies only to an offense committed after the effective date of this Act. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 by Mowery This amendment limits the acts application to counties "containing two or more municipalities each of which has a population of 250,000 or more".