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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of tire businesses and authorizing a fee |
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for tire purchases for regulatory compliance in certain counties; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 234, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. BUSINESSES RELATED TO AUTOMOBILE TIRES |
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Sec. 234.051. DEFINITIONS. In this subchapter: |
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(1) "Mobile tire repair business" means a business |
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that repairs tires at any temporary location, including a roadway, |
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alley, parking lot, or residence. |
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(2) "Used tire business" means a business or |
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establishment at which used tires are collected, repaired, |
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processed, recycled, scrapped, sold, bought, or stored, including a |
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mobile tire repair business or a salvage yard. |
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Sec. 234.052. APPLICABILITY. This subchapter applies only |
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to the unincorporated area of a county: |
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(1) with a population greater than 45,000 and less |
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than 50,000; and |
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(2) that is adjacent to an international border. |
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Sec. 234.053. LICENSE OR PERMIT REQUIRED. The |
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commissioners court of a county by order may require that the owner |
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or operator of a mobile tire repair business or used tire business |
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obtain a license or permit from the county before engaging in |
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business in the county. The commissioners court by order may |
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establish a fee to be paid for a license or permit. |
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Sec. 234.054. SCRAP TIRE DISPOSAL FEE. The commissioners |
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court of a county by order may: |
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(1) establish a fee to be imposed on the purchase of an |
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automobile tire in the county; and |
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(2) require a retailer of automobile tires to collect |
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the fee and use the fee to comply with requirements associated with |
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the disposal of scrap tires. |
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Sec. 234.055. RULES. The commissioners court of a county |
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may adopt rules as necessary to administer this subchapter. |
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Sec. 234.056. INJUNCTION. A district or county attorney |
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may bring suit to enjoin the operations of a mobile tire repair |
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business, used tire business, or tire retailer in violation of an |
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order or rule adopted under this subchapter. |
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Sec. 234.057. OFFENSE. A person commits an offense if the |
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person violates an order adopted under this subchapter. An offense |
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under this section is a Class C misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2009. |