75R8741 PAM-D
By Kamel H.B. No. 964
Substitute the following for H.B. No. 964:
By Chisum C.S.H.B. No. 964
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county regulation of roadside vendors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The chapter heading to Chapter 285,
1-5 Transportation Code, is amended to read as follows:
1-6 CHAPTER 285. COUNTY REGULATION OF
1-7 ROADSIDE VENDOR AND SOLICITOR
1-8 [IN CERTAIN COUNTIES]
1-9 SECTION 2. Section 285.001, Transportation Code, is amended
1-10 to read as follows:
1-11 Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR.
1-12 (a) To promote the public safety, the commissioners court of a
1-13 county [with a population of more than 1.4 million] by order may
1-14 regulate the following if they occur on a public highway or road in
1-15 the unincorporated area of the county or in the right-of-way of the
1-16 highway or road:
1-17 (1) the sale of items by a vendor of food or
1-18 merchandise, except as provided by Subsection (b);
1-19 (2) the erection, maintenance, or placement of a
1-20 structure by a vendor of food or merchandise; and
1-21 (3) the solicitation of money.
1-22 (b) The commissioners court may not prohibit the sale of:
1-23 (1) edible aquaculture products;
1-24 (2) edible agricultural products;
2-1 (3) wood cut for use as firewood; and
2-2 (4) cut flowers.
2-3 (c) To promote public safety, the commissioners court may
2-4 regulate the location, time, and manner of sale of the products
2-5 listed in Subsection (b).
2-6 (d) Subsection (b) does not limit the authority of a county
2-7 or public health district to conduct inspections under Section
2-8 437.009, Health and Safety Code.
2-9 SECTION 3. Section 285.002, Transportation Code, is amended
2-10 to read as follows:
2-11 Sec. 285.002. PERMIT; REMOVAL OF STRUCTURE. (a) The
2-12 commissioners court may:
2-13 (1) require a vendor or a person soliciting money to
2-14 obtain a permit to sell the food or merchandise or to solicit
2-15 money;
2-16 (2) charge a [reasonable] fee for the permit; and
2-17 (3) provide for the removal of a structure that is in
2-18 violation of the regulations.
2-19 (b) The commissioners court may not authorize the erection
2-20 of a permanent or portable structure on a public highway or road or
2-21 in the right-of-way of a public highway or road.
2-22 (c) The commissioners court may set the fee for a permit
2-23 issued under this section in an amount that is sufficient but that
2-24 does not exceed the amount anticipated to recover the
2-25 administrative cost of issuing permits under this section.
2-26 SECTION 4. Chapter 285, Transportation Code, is amended by
2-27 adding Section 285.005 to read as follows:
3-1 Sec. 285.005. DEPARTMENT APPROVAL REQUIRED. (a) Before
3-2 adopting a regulation or issuing a permit under this chapter, the
3-3 commissioners court shall submit to the department a description of
3-4 the proposed regulation or permit.
3-5 (b) The department may refuse to approve a regulation or
3-6 permit or may rescind or suspend approval for a regulation or
3-7 permit for any of the following reasons:
3-8 (1) pavement condition;
3-9 (2) traffic conditions;
3-10 (3) geometrics in roadway configuration;
3-11 (4) construction or maintenance activities;
3-12 (5) emergency or incident management; or
3-13 (6) any other reason relating to protecting the public
3-14 safety or the integrity of department facilities.
3-15 (c) Not later than the 30th day after the date the
3-16 department receives the proposed regulation or permit, the
3-17 department shall notify the commissioners court whether the
3-18 regulation or permit has been approved or disapproved. If the
3-19 department fails to notify the commissioners court within the
3-20 period prescribed by this subsection, the regulation or permit
3-21 submitted by the commissioners court is approved by operation of
3-22 law on the 31st day after the date the regulation or permit was
3-23 received by the department.
3-24 (d) The department's disapproval of a proposed regulation or
3-25 permit or rescission or suspension of a regulation or permit under
3-26 this section is the final administrative decision of the
3-27 department, and the county is considered to have exhausted its
4-1 administrative remedies.
4-2 (e) The commission shall adopt rules prescribing the
4-3 procedures and conditions for department approval, disapproval, and
4-4 rescission or suspension of approval of a regulation or permit.
4-5 SECTION 5. (a) The change in law made by this Act to
4-6 Section 285.001, Transportation Code, does not affect an offense
4-7 committed under Section 285.001 before the effective date of this
4-8 Act. The offense may be prosecuted and a penalty imposed as if the
4-9 law had not been changed by this Act, and the former law is
4-10 continued in effect for that purpose. An offense is considered to
4-11 have occurred before the effective date of this Act only if each
4-12 element of the offense occurred before that date.
4-13 (b) The change in law made by Section 285.005,
4-14 Transportation Code, as added by this Act, applies only to a
4-15 regulation adopted or a permit issued by a commissioners court on
4-16 or after the effective date of this Act. A regulation adopted or a
4-17 permit issued by a commissioners court before the effective date of
4-18 this Act is governed by the law in effect when the regulation was
4-19 adopted or the permit was issued, and the former law continues in
4-20 effect for that purpose.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.