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".