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.