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