By: Walle (Senate Sponsor - Ellis) H.B. No. 248
         (In the Senate - Received from the House April 15, 2013;
  April 18, 2013, read first time and referred to Committee on
  Transportation; May 9, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 9, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 248 By:  Ellis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation of automotive wrecking and salvage yards
  in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 397.011, Transportation Code, is amended
  to read as follows:
         Sec. 397.011.  LOCATION OF YARD. (a)  Except as otherwise
  provided by this subsection and Subsection (b), an automotive
  wrecking and salvage yard may not be established within 600 [300]
  feet of an existing church, school, or residence.  A yard may be
  established within 600 feet of a residence if the same person owns
  the residence and the yard.
         (b)  An automotive wrecking and salvage yard that is
  established on or after September 1, 1983, and before September 1,
  2013, may not be established within 300 feet of an existing church,
  school, or residence except that a yard may be established within
  300 feet of a residence if the same person owns the residence and
  the yard.
         (c)  Distance [The distance] is measured under this section
  beginning at the wall of the church, school, or residence that is
  closest to the yard and ending at the fence required by this
  chapter.
         [(b)     An automotive wrecking and salvage yard may be
  established within 300 feet of a residence if the same person owns
  the residence and the yard.]
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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