By: Munoz, Jr., Eissler, Laubenberg, Marquez H.B. No. 1768
Substitute the following for H.B. No. 1768:
By: Gooden C.S.H.B. No. 1768
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of roadside vendors and solicitors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 285, Transportation Code,
is amended to read as follows:
CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN
CERTAIN COUNTIES
SECTION 2. Section 285.001, Transportation Code, is amended
to read as follows:
Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR.
(a) To promote the public safety, the commissioners court of a
county with a population of more than 450,000 [1.3 million] by order
may regulate the following in the unincorporated area of the county
if they occur on a public highway or road, in the right-of-way of a
public highway or road, or in a parking lot:
(1) the sale of items by a vendor of food or
merchandise, including live animals, except as provided by
Subsection (b);
(2) the erection, maintenance, or placement of a
structure by a vendor of food or merchandise, including live
animals; and
(3) the solicitation of money.
(b) An order under Subsection (a) may not prohibit the sale
of livestock.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.