By: Munoz, Jr., et al. (Senate Sponsor - Hinojosa) H.B. No. 1768

(In the Senate - Received from the House April 18, 2011; April 26, 2011, read first time and referred to Committee on Intergovernmental Relations; May 21, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; May 21, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1768 By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of roadside vendors and solicitors in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 285.001, Transportation Code, is amended to read as follows:

Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR. (a) To promote the public safety, the commissioners court of a county with a population of more than 450,000 [1.3 million] by order may regulate the following in the unincorporated area of the county if they occur on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot:

(1) the sale of items by a vendor of food or merchandise, including live animals except as provided by Subsection (b);

(2) the erection, maintenance, or placement of a structure by a vendor of food or merchandise, including live animals; and

(3) the solicitation of money.

(b) An order under Subsection (a) adopted by the commissioners court of a county with a population of less than 3.3 million may not prohibit the sale of livestock.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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