BILL ANALYSIS

 

 

 

H.B. 2731

By: Muņoz

Intergovernmental Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill author has informed the committee of concerns raised by constituents about the public safety hazards posed by roadside vending and solicitation, particularly near high-traffic areas, and further informed the committee that roadside sales or solicitation create dangerous conditions for both vendors and drivers. H.B. 2731 seeks to enhance public safety by adjusting the population thresholds for counties authorized to regulate roadside vending and solicitation. The bill specifically lowers the population threshold of counties bordering Mexico from populations greater than 870,000 to 200,000 and removes restrictions based on road speed limits.

 

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

 

H.B. 2731 amends the Transportation Code to revise the authority of a county commissioners court to regulate certain activities by vendors and solicitors that occur in the unincorporated area of the county on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot as follows:

·         lowers from more than 1.3 million to more than 500,000 the minimum population threshold of a county whose commissioners court by order may regulate the sale of food or merchandise, including live animals, by a roadside vendor; the erection, maintenance, or placement of a structure by such a vendor; and the solicitation of money; and

·         for a county that borders the United Mexican States:

o   lowers from more than 870,000 to more than 200,000 the minimum population threshold of a county whose commissioners court by order may regulate such activities by roadside vendors and solicitors; and

o   removes the restriction on 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.

 

EFFECTIVE DATE

 

September 1, 2025.