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