By: Uresti  S.B. No. 2574
         (In the Senate - Filed May 5, 2009; May 6, 2009, read first
  time and referred to Committee on Natural Resources; May 13, 2009,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 8, Nays 0; May 13, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2574 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation of tire businesses and authorizing a fee
  for tire purchases for regulatory compliance in certain counties;
  creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 234, Local Government Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. BUSINESSES RELATED TO AUTOMOBILE TIRES
         Sec. 234.051.  DEFINITIONS. In this subchapter:
               (1)  "Mobile tire repair business" means a business
  that repairs tires at any temporary location, including a roadway,
  alley, parking lot, or residence.
               (2)  "Used tire business" means a business or
  establishment at which used tires are collected, repaired,
  processed, recycled, scrapped, sold, bought, or stored, including a
  mobile tire repair business or a salvage yard.
         Sec. 234.052.  APPLICABILITY. This subchapter applies only
  to a county:
               (1)  with a population greater than 45,000 and less
  than 50,000; and
               (2)  that is adjacent to an international border.
         Sec. 234.053.  LICENSE OR PERMIT REQUIRED. The
  commissioners court of a county by order may require that the owner
  or operator of a mobile tire repair business or used tire business
  obtain a license or permit from the county before engaging in
  business in the county. The commissioners court by order may
  establish a fee to be paid for a license or permit.
         Sec. 234.054.  SCRAP TIRE DISPOSAL FEE. The commissioners
  court of a county by order may:
               (1)  establish a fee to be imposed on the purchase of an
  automobile tire in the county; and
               (2)  require a retailer of automobile tires to collect
  the fee and use the fee to comply with requirements associated with
  the disposal of scrap tires.
         Sec. 234.055.  RULES. The commissioners court of a county
  may adopt rules as necessary to administer this subchapter.
         Sec. 234.056.  INJUNCTION. A district or county attorney
  may bring suit to enjoin the operations of a mobile tire repair
  business, used tire business, or tire retailer in violation of an
  order or rule adopted under this subchapter.
         Sec. 234.057.  OFFENSE. A person commits an offense if the
  person violates an order adopted under this subchapter. An offense
  under this section is a Class C misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2009.
 
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