| 1 | 1 | | By: Uresti S.B. No. 2574 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to the regulation of tire businesses and authorizing a fee |
|---|
| 7 | 7 | | for tire purchases for regulatory compliance in certain counties; |
|---|
| 8 | 8 | | creating an offense. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 234, Local Government Code, is amended |
|---|
| 11 | 11 | | by adding Subchapter C to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER C. BUSINESSES RELATED TO AUTOMOBILE TIRES |
|---|
| 13 | 13 | | Sec. 234.051. DEFINITIONS. In this subchapter: |
|---|
| 14 | 14 | | (1) "Mobile tire repair business" means a business |
|---|
| 15 | 15 | | that repairs tires at any temporary location, including a roadway, |
|---|
| 16 | 16 | | alley, parking lot, or residence. |
|---|
| 17 | 17 | | (2) "Used tire business" means a business or |
|---|
| 18 | 18 | | establishment at which used tires are collected, repaired, |
|---|
| 19 | 19 | | processed, recycled, scrapped, sold, bought, or stored, including a |
|---|
| 20 | 20 | | mobile tire repair business or a salvage yard. |
|---|
| 21 | 21 | | Sec. 234.052. APPLICABILITY. This subchapter applies only |
|---|
| 22 | 22 | | to the unincorporated area of a county: |
|---|
| 23 | 23 | | (1) with a population greater than 45,000 and less |
|---|
| 24 | 24 | | than 50,000; and |
|---|
| 25 | 25 | | (2) that is adjacent to an international border. |
|---|
| 26 | 26 | | Sec. 234.053. LICENSE OR PERMIT REQUIRED. The |
|---|
| 27 | 27 | | commissioners court of a county by order may require that the owner |
|---|
| 28 | 28 | | or operator of a mobile tire repair business or used tire business |
|---|
| 29 | 29 | | obtain a license or permit from the county before engaging in |
|---|
| 30 | 30 | | business in the county. The commissioners court by order may |
|---|
| 31 | 31 | | establish a fee to be paid for a license or permit. |
|---|
| 32 | 32 | | Sec. 234.054. SCRAP TIRE DISPOSAL FEE. The commissioners |
|---|
| 33 | 33 | | court of a county by order may: |
|---|
| 34 | 34 | | (1) establish a fee to be imposed on the purchase of an |
|---|
| 35 | 35 | | automobile tire in the county; and |
|---|
| 36 | 36 | | (2) require a retailer of automobile tires to collect |
|---|
| 37 | 37 | | the fee and use the fee to comply with requirements associated with |
|---|
| 38 | 38 | | the disposal of scrap tires. |
|---|
| 39 | 39 | | Sec. 234.055. RULES. The commissioners court of a county |
|---|
| 40 | 40 | | may adopt rules as necessary to administer this subchapter. |
|---|
| 41 | 41 | | Sec. 234.056. INJUNCTION. A district or county attorney |
|---|
| 42 | 42 | | may bring suit to enjoin the operations of a mobile tire repair |
|---|
| 43 | 43 | | business, used tire business, or tire retailer in violation of an |
|---|
| 44 | 44 | | order or rule adopted under this subchapter. |
|---|
| 45 | 45 | | Sec. 234.057. OFFENSE. A person commits an offense if the |
|---|
| 46 | 46 | | person violates an order adopted under this subchapter. An offense |
|---|
| 47 | 47 | | under this section is a Class C misdemeanor. |
|---|
| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|