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                                  * * * * *