1-1 By: Palmer (Senate Sponsor - Harris) H.B. No. 1401
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 14, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays
1-6 0; May 14, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1401 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of automotive wrecking and salvage yards
1-11 in certain counties; providing a penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 396.024(b), Transportation Code, is
1-14 amended to read as follows:
1-15 (b) An offense under this section is a [Class C] misdemeanor
1-16 punishable by a fine of not less than $100 or more than $500.
1-17 SECTION 2. Section 396.041(c), Transportation Code, is
1-18 amended to read as follows:
1-19 (c) An ordinance may:
1-20 (1) impose a fee of $25 for the issuance or renewal of
1-21 a license;
1-22 (2) impose a fee of not more than $150 for the
1-23 issuance or renewal of a license, if the ordinance is adopted by
1-24 the commissioners court of a county with a population of one
1-25 million or more that contains two or more municipalities, each of
1-26 which has a population of 250,000 or more;
1-27 (3) condition the license on the operation of the
1-28 junkyard or automotive wrecking and salvage yard only at a location
1-29 approved by the commissioners court; or
1-30 (4) [(3)] establish grounds for suspending or revoking
1-31 a license if the junkyard or automotive wrecking and salvage yard
1-32 is not screened.
1-33 SECTION 3. Section 396.045(b), Transportation Code, is
1-34 amended to read as follows:
1-35 (b) An offense under this section is a [Class C] misdemeanor
1-36 punishable by a fine of not less than $100 and not more than $500.
1-37 SECTION 4. (a) The change in law made by Sections 1 and 3
1-38 of this Act applies only to an offense committed on or after the
1-39 effective date of this Act. For purposes of this section, an
1-40 offense is committed before the effective date of this Act if any
1-41 element of the offense occurs before that date.
1-42 (b) An offense committed before the effective date of this
1-43 Act is covered by the law in effect when the offense was committed,
1-44 and the former law is continued in effect for that purpose.
1-45 SECTION 5. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended.
1-50 * * * * *