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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of roadside vendors and solicitors in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 285.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR. |
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(a) To promote the public safety, the commissioners court of a |
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county with a population of more than 750,000 [1.3 million] by order |
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may regulate the following in the unincorporated area of the county |
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if they occur on a public highway or road with a speed limit of 40 |
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miles per hour or faster, in the right-of-way of a public highway or |
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road with a speed limit of 40 miles per hour or faster, or in a |
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public parking lot: |
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(1) the sale of items by a vendor of food or |
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merchandise, including live animals except as provided by |
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Subsection (b); |
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(2) the erection, maintenance, or placement of a |
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structure by a vendor of food or merchandise, including live |
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animals; and |
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(3) the solicitation of money. |
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(b) An order under Subsection (a) adopted by the |
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commissioners court of a county with a population of less than 3.3 |
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million may not prohibit the sale of livestock. |
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(c) A county regulating vendors under Subsections (a)(1) |
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and (2) may require that a vendor be located not closer to the edge |
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of the public highway or road than a distance that is equal to |
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one-half the width of the right-of-way adjacent to the highway or |
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road. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |