By Kamel                                         H.B. No. 964

      75R5070 PAM-D                           

                                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 less [more] than 2.8 [1.4] million by

1-14     order may regulate the following if they occur on a public highway

1-15     or road in the unincorporated area of the county or in the

1-16     right-of-way of the 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 regulate the sale of:

1-23                 (1)  aquaculture products, including fish, oysters,

1-24     shrimp, crabs, turtles, terrapins, mussels, and lobsters;

 2-1                 (2)  edible agricultural products;

 2-2                 (3)  wood cut for use as firewood; and

 2-3                 (4)  cut flowers.

 2-4           SECTION 3.  (a)  The change in law made by this Act to

 2-5     Section 285.001, Transportation Code, does not affect an offense

 2-6     committed under Section 285.001 before the effective date of this

 2-7     Act.  The offense may be prosecuted and a penalty imposed as if the

 2-8     law had not been changed by this Act, and the former law is

 2-9     continued in effect for that purpose.

2-10           (b)  An offense is considered to have occurred before the

2-11     effective date of this Act only if each element of the offense

2-12     occurred before that date.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended,

2-18     and that this Act take effect and be in force from and after its

2-19     passage, and it is so enacted.