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By: Munoz, Jr. (Senate Sponsor - Hinojosa) |
H.B. No. 2094 |
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(In the Senate - Received from the House May 6, 2013; |
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May 8, 2013, read first time and referred to Committee on |
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Intergovernmental Relations; May 14, 2013, reported favorably by |
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the following vote: Yeas 5, Nays 0; May 14, 2013, sent to |
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printer.) |
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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 1.3 million by order may |
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regulate the following in the unincorporated area of the county if |
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they occur on a public highway or road, in the right-of-way of a |
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public highway or road, or in a 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; |
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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) The commissioners court of a county with a population of |
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more than 700,000 and less than 800,000 that borders the United |
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Mexican States by order may regulate the activities described by |
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Subsection (a) in the manner described by that subsection, except |
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that: |
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(1) the regulation of activities on or in the |
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right-of-way of a public highway or road is limited to public |
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highways and roads with a speed limit of 40 miles per hour or |
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faster; and |
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(2) the county may not prohibit the sale of livestock. |
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(c) A county regulating vendors under Subsection (b) may |
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require that a vendor be located not closer to the edge of the |
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public highway or road than a distance that is equal to one-half the |
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width of the right-of-way adjacent to the highway or 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. |
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* * * * * |