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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of automotive wrecking and salvage yards |
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in certain counties; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 397, Transportation Code, is amended by |
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adding Section 397.0125 to read as follows: |
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Sec. 397.0125. CIVIL PENALTY. (a) In addition to the |
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penalty provided by Section 397.012, a person who operates an |
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automotive wrecking and salvage yard in violation of this chapter |
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is liable for a civil penalty of not less than $500 or more than |
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$1,000 for each violation. A separate penalty may be imposed for |
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each day a continuing violation occurs. |
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(b) The district or county attorney for the county, or the |
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municipal attorney of the municipality, in which the violation is |
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alleged to have occurred may bring suit to collect the penalty. |
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(c) A penalty collected under this section by a district or |
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county attorney shall be deposited in the county treasury. A |
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penalty collected under this section by a municipal attorney shall |
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be deposited in the municipal treasury. |
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SECTION 2. Section 397.014(a), Transportation Code, is |
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amended to read as follows: |
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(a) A person, county, or municipality is entitled to an |
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injunction to prohibit a violation or threatened violation of this |
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chapter. |
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SECTION 3. The change in law made by this Act applies only |
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to a violation of Chapter 397, Transportation Code, that occurs on |
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or after the effective date of this Act. A violation of that |
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chapter that occurred before the effective date of this Act is |
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governed by the law in effect when the violation occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |