BILL ANALYSIS |
C.S.H.B. 2094 |
By: Muņoz, Jr. |
County Affairs |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
According to interested parties, some counties consider the solicitation of business by unregulated roadside vendors to be a major problem in unincorporated areas. The parties allege that the vendors sometimes create traffic and health and safety issues, encroach into rights-of-way, or skirt sales tax laws. The parties note that, even though current law does provide certain regulatory authority to a county, a county attorney, or a district attorney, enforcement of certain matters is time-consuming and inefficient. C.S.H.B. 2094 seeks to address this problem by regulating certain actions of roadside vendors and solicitors in certain counties.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2094 amends the Transportation Code to authorize the commissioners court of a county with a population of more than 700,000 and less than 800,000 that borders the United Mexican States by order to regulate certain activities of roadside vendors and solicitors in a prescribed manner, except that the bill explicitly limits the regulation of activities on or in the right-of-way of a public highway or road to public highways and roads with a speed limit of 40 miles per hour or faster and prohibits the county from prohibiting the sale of livestock. The bill authorizes such a county regulating vendors to require that a vendor be located not closer to the edge of the public highway or road than a distance that is equal to one-half the width of the right-of-way adjacent to the highway or road.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2094 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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