| 1 | 1 | | 81R9751 JD-F |
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| 2 | 2 | | By: Smith of Harris H.B. No. 4272 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of automotive wrecking and salvage yards |
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| 8 | 8 | | in certain counties; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 397, Transportation Code, is amended by |
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| 11 | 11 | | adding Section 397.0125 to read as follows: |
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| 12 | 12 | | Sec. 397.0125. CIVIL PENALTY. (a) In addition to the |
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| 13 | 13 | | penalty provided by Section 397.012, a person who operates an |
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| 14 | 14 | | automotive wrecking and salvage yard in violation of this chapter |
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| 15 | 15 | | is liable for a civil penalty of not less than $500 or more than |
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| 16 | 16 | | $1,000 for each violation. A separate penalty may be imposed for |
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| 17 | 17 | | each day a continuing violation occurs. |
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| 18 | 18 | | (b) The district or county attorney for the county, or the |
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| 19 | 19 | | municipal attorney of the municipality, in which the violation is |
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| 20 | 20 | | alleged to have occurred may bring suit to collect the penalty. |
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| 21 | 21 | | (c) A penalty collected under this section by a district or |
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| 22 | 22 | | county attorney shall be deposited in the county treasury. A |
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| 23 | 23 | | penalty collected under this section by a municipal attorney shall |
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| 24 | 24 | | be deposited in the municipal treasury. |
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| 25 | 25 | | SECTION 2. Section 397.014(a), Transportation Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | (a) A person, county, or municipality is entitled to an |
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| 28 | 28 | | injunction to prohibit a violation or threatened violation of this |
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| 29 | 29 | | chapter. |
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| 30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 31 | 31 | | to a violation of Chapter 397, Transportation Code, that occurs on |
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| 32 | 32 | | or after the effective date of this Act. A violation of that |
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| 33 | 33 | | chapter that occurred before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect when the violation occurred, and the |
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| 35 | 35 | | former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2009. |
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