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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of remaining, parking vehicles, or erecting |
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structures on certain state property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 545.411, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.411. USE OF REST AREA OR RIGHT-OF-WAY: OFFENSE. |
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SECTION 2. Sections 545.411(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) A person commits an offense if the person remains or |
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parks a vehicle on state highway right-of-way or at a rest area for |
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longer than 24 hours or erects a tent, shelter, booth, or structure |
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on state highway right-of-way or at the rest area and the person: |
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(1) has notice while conducting the activity that the |
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activity is prohibited; or |
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(2) receives notice that the activity is prohibited |
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but does not depart or remove the vehicle or structure within eight |
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hours after receiving notice. |
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(c) It is an exception to Subsection (a) if: |
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(1) a nonprofit organization erects a temporary |
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structure at a rest area to provide food services, food, or |
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beverages to travelers and the Texas Department of Transportation: |
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(A) [(1)] finds that the services would |
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constitute a public service for the benefit of the traveling |
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public; and |
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(B) [(2)] issues a permit to the organization; or |
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(2) a person remains on or parks a vehicle on state |
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highway right-of-way: |
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(A) for emergency or highway construction and |
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maintenance purposes; |
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(B) within the corporate limits of a |
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municipality; |
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(C) for operations of an electric utility as |
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defined by Section 31.002, Utilities Code, or a gas utility as |
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defined by Section 101.003 or 121.001, Utilities Code, or for |
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surface coal mining and reclamation operations as defined by |
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Section 134.004, Natural Resources Code; or |
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(D) as authorized under other state or local law, |
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including a municipal ordinance. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |