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.