SLC H.B. 2865 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT H.B. 2865 By: Bailey 3-31-97 Committee Report (Unamended) BACKGROUND Chapter 397, Transportation Code, requires automotive wrecking and salvage yards to be completely surrounded by a fence. Furthermore, it states that an owner or operator of an automotive wrecking and salvage yard may not display, store, or work on a junked or wrecked automobile vehicle or parts from a vehicle outside or above the fence. The chapter, which took effect in September 1995, is applicable only to automotive wrecking and salvage yards established on or after September 1983. Owners and operators of automotive wrecking and salvage yards established before September 1983 do not have to comply with the code. This bill would eliminate the exemption for automotive wrecking and salvage yards established before September 1983. Owners or operators of all automotive wrecking and salvage yards located in a county with a population of two million or more would not be able to display, store, or work on a junked or wrecked automotive vehicle outside the fence. PURPOSE HB 2865 states that Sec. 397.007, Transportation Code, applies regardless of when the wrecking and salvage yard was established. 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 397.001, Transportation Code, by adding an exemption for Section 397.007 as follows: Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter only applies to automotive wrecking and salvage yards in a county with a population of two million of more, not located within a municipality in that county, and is established on or after September 1, 1983, except as provided by Sec. 397.007 SECTION 2. Amends Section 397.007, Transportation Code, by adding Subsection (b) to read as follows: Sec. 397.007. DISPLAY OF WORK OUTSIDE FENCE PROHIBITED. (b) States that this section applies regardless of when the automotive wrecking and salvage yard was established. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.