1-1 By: Moncrief S.B. No. 1220
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on State Affairs; May 3, 1999,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; May 3, 1999, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1220 By: Bernsen
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to highway beautification; providing civil penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 391.035, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 391.035. [VIOLATION OF SUBCHAPTER;] CIVIL PENALTY.
1-14 (a) In addition to being subject to a criminal penalty or
1-15 injunctive action, a person who intentionally violates this
1-16 subchapter or Subchapter C is liable to the state for a civil
1-17 penalty. The attorney general may sue to collect the penalty.
1-18 (b) The amount of the civil penalty is not less than $500 or
1-19 more than $1,000 for each violation, depending on the seriousness
1-20 of the violation. A separate penalty may be collected for each day
1-21 a continuing violation occurs.
1-22 (c) A penalty collected under this section shall be
1-23 deposited to the credit of the state highway fund.
1-24 SECTION 2. Subchapter E, Chapter 391, Transportation Code,
1-25 is amended by adding Sections 391.125, 391.126, and 391.127 to read
1-26 as follows:
1-27 Sec. 391.125. INJUNCTION TO REQUIRE SCREENING. (a) On
1-28 written notice by certified mail from the department. An owner of
1-29 a junkyard that is established, operated, or maintained in
1-30 violation of this subchapter or a rule adopted under this
1-31 subchapter shall screen the junkyard in accordance with Section
1-32 391.121. If the owner does not screen the junkyard within 45 days
1-33 of the date of the notice, the department may request the attorney
1-34 general to apply for an injunction to require the screening of the
1-35 junkyard.
1-36 (b) Under an action brought under Subsection (a), the state
1-37 is entitled to recover from the owner of a junkyard all
1-38 administrative and legal costs and expenses incurred to require the
1-39 screening of the junkyard, including court costs and reasonable
1-40 attorney's fees.
1-41 Sec. 391.126. CIVIL PENALTY. (a) In addition to being
1-42 subject to a criminal penalty or injunctive action, a person who
1-43 intentionally violates this subchapter is liable to the state for a
1-44 civil penalty. The attorney general may sue to collect the
1-45 penalty.
1-46 (b) The amount of a civil penalty under this section is not
1-47 less than $500.00 or more than $1,000 for each violation, depending
1-48 on the seriousness of the violation. A separate penalty may be
1-49 collected for each day a continuing violation occurs.
1-50 Sec. 391.127. SAVAGE VEHICLE DEALER LICENSE. The commission
1-51 may revoke or suspend a license issued under Article 6687-1a,
1-52 Revised Statutes, or place on probation a license holder whose
1-53 license is suspended, if the license holder violates this chapter
1-54 or a rule adopted under this chapter.
1-55 SECTION 3. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *