BILL ANALYSIS
By: Bailey
BACKGROUND AND PURPOSE
There has been a rapid expansion of junkyards in older communities in unincorporated Harris County in the last few years. Although Chapter 397, Transportation Code - Automobile Wrecking and Salvage Yards in Certain Counties - provides a variety of regulations including requirements for distance from existing homes, schools and churches the law is being routinely violated. One junkyard is just five feet from a church another is within 28 feet of a home. Owners of the junkyard consider the occasional ticket they are written for a Class C Misdemeanor the cost of doing business.
Residents in most of these neighborhoods live on small house lots with backyard water wells that are 25- 50 feet deep. Several area schools have junkyards moving closer with cars piled high above the fence if indeed the back of these junk yards is fenced. The encroaching junkyards are cause for serious concern including the potential impact on drinking water in these communities.
The intent of this legislation is to introduce a provision for injunctive relief currently found in Chapter 396, Transportation Code, but not applicable to Chapter 397, of the Transportation Code. A provision for injunctive relief would give a needed tool for enforcement of existing law.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Chapter 397, Transportation Code, by adding Section 397.014 to read as follows:
Sec. 397.014. INJUNCTION
(a) Defines that a person is entitled to an injunction to prohibit a violation or threatened violation of this chapter.
(b) Gives the county to which this chapter applies in which part of the automotive wrecking and salvage yard is located.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.