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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Texas Department of Transportation to |
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enforce certain regulations adopted by a county commissioners |
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court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 285.001(a), Transportation Code, is |
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amended to read as follows: |
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(a) To promote the public safety, the commissioners court of |
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a 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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SECTION 2. Chapter 285, Transportation Code, is amended by |
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adding Section 285.005 to read as follows: |
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Sec. 285.005. REMOVAL AND DISPOSAL OF STRUCTURE VIOLATING |
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REGULATION. (a) The department may: |
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(1) issue a verbal warning to the owner of a structure |
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that is in violation of a regulation adopted under this chapter; and |
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(2) notify the appropriate local law enforcement |
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agency of the location of a structure that is in violation of a |
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regulation adopted under this chapter. |
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(b) The department, in coordination with the appropriate |
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local law enforcement agency, may remove a structure that remains |
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in violation of a regulation adopted under this chapter 24 hours |
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after the department issued a verbal warning to the structure's |
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owner. |
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(c) If the structure owner's identity and mailing address |
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are reasonably ascertainable, the department or local law |
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enforcement agency shall notify the owner in writing that the |
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structure: |
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(1) has been removed; and |
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(2) may be disposed of unless the owner claims the |
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structure on or before the 10th day after the removal date. |
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(d) If the owner of the structure does not claim the |
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structure on or before the 10th day after the removal date, the |
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department or local law enforcement agency may dispose of the |
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structure. |
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(e) In this section, a reference to a structure that is in |
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violation of a regulation adopted under this chapter includes |
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tangible personal property reasonably associated with the |
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structure. |
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SECTION 3. This Act takes effect September 1, 2025. |