BILL ANALYSIS

C.S.S.B. 1436

By: Zaffirini

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend that the limited land use powers granted to Texas counties have allowed numerous automobile wrecking and salvage yards to operate near residential areas and that the current setback requirements intended to provide a buffer between such a business and nearby residences have proven to be inadequate. These parties assert that since this type of regulated business often causes problems, additional safeguards are needed to protect neighboring occupants, residents, and proposed residential structures and their property.
C.S.S.B. 1436 seeks to remedy this situation by establishing these safeguards.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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.

ANALYSIS

C.S.S.B. 1436 amends the Transportation Code, for purposes of the prohibition against a junkyard or an automotive wrecking and salvage yard being located within a certain distance of a residence, to prohibit a junkyard or an automotive wrecking and salvage yard from being located within 50 feet of the nearest property line of the residence.

EFFECTIVE DATE

September 1, 2015.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

C.S.S.B. 1436 differs from the engrossed only by amending the caption.