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