By:  Moncrief                                         S.B. No. 1220
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to highway beautification; providing civil penalties.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 391.035, Transportation Code, is amended
 1-4     to read as follows:
 1-5           Sec. 391.035.  [VIOLATION OF SUBCHAPTER;]CIVIL PENALTY.
 1-6     (a)  In addition to being subject to a criminal penalty or
 1-7     injunctive action, a person who intentionally violates this
 1-8     subchapter or Subchapter C is liable to the state for a civil
 1-9     penalty.  The attorney general may sue to collect the penalty.
1-10           (b)  The amount of the civil penalty is not less than $500 or
1-11     more than $1,000 for each violation, depending on the seriousness
1-12     of the violation.  A separate penalty may be collected for each day
1-13     a continuing violation occurs.
1-14           (c)  A penalty collected under this section shall be
1-15     deposited to the credit of the state highway fund.
1-16           SECTION 2.  Subchapter E, Chapter 391.121, Transportation
1-17     Code, is amended by adding Sections 391.125-391.127 to read as
1-18     follows:
1-19           Sec. 391.125.  INJUNCTION TO REQUIRE SCREENING.  (a)  On
1-20     written notice by certified mail from the department, an owner of a
1-21     junkyard that is established, operated, or maintained in violation
1-22     of this subchapter or a rule adopted under this subchapter shall
 2-1     screen the junkyard in accordance with Section 391.121.  If the
 2-2     owner does not screen the junkyard within 45 days of the date of
 2-3     the notice, the department may direct the attorney general to apply
 2-4     for an injunction to require the screening of the junkyard.
 2-5           (b)  Under an action brought under Subsection (a), the state
 2-6     is entitled to recover from the owner of a junkyard all
 2-7     administrative and legal costs and expenses incurred to require the
 2-8     screening of the junkyard, including court costs and reasonable
 2-9     attorney's fees.
2-10           Sec. 391.126.  CIVIL PENALTY.  (a)  In addition to being
2-11     subject to a criminal penalty or injunctive action, a person who
2-12     intentionally violates this subchapter is liable to the state for a
2-13     civil penalty.  The attorney general may sue to collect the
2-14     penalty.
2-15           (b)  The amount of a civil penalty under this section is not
2-16     less than $500 or more than $1,000 for each violation, depending on
2-17     the seriousness of the violation.  A separate penalty may be
2-18     collected for each day a continuing violation occurs.
2-19           Sec. 391.127.  SALVAGE VEHICLE DEALER LICENSE.  The
2-20     commission may revoke or suspend a license issued under Article
2-21     6687-1a, Revised Statutes, or place on probation a license holder
2-22     whose license is suspended, if the license holder violates this
2-23     chapter or a rule adopted under this chapter.
2-24           SECTION 3.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended,
 3-3     and that this Act take effect and be in force from and after its
 3-4     passage, and it is so enacted.