BILL ANALYSIS Senate Research Center H.B. 1768 By: Munoz, Jr. et al. (Hinojosa) Intergovernmental Relations 5/13/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 1768
By: Munoz, Jr. et al. (Hinojosa)
Intergovernmental Relations
5/13/2011
Engrossed
Senate Research Center
H.B. 1768
By: Munoz, Jr. et al. (Hinojosa)
Intergovernmental Relations
5/13/2011
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Hidalgo County considers the solicitation of business by unregulated roadside vendors a major problem in unincorporated areas of the county. The venders create traffic and other health and safety issues, encroach into right-of-ways and skirt sales tax laws. Although current law provides regulatory authority to the County, having to go through the County Attorney or District Attorney for enforcement is timely and inefficient. This bill would allow certain counties with a population of 450,000 or more to enforce Section 285.004 (Violation of Regulation; Offense) of the Transportation Code which provides the regulation of road side vendors. H.B. 1768 amends current law relating to the regulation of roadside vendors and solicitors. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Chapter 285, Transportation Code, to read as follows: CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN CERTAIN COUNTIES SECTION 2. Amends Section 285.001, Transportation Code, as follows: Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR. (a) Creates this subsection from existing text. Authorizes the commissioners court of a county with a population of more than 450,000, rather than more than 1.3 million, by order, to promote the public safety, to 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) Prohibits an order under Subsection (a) from prohibiting the sale of livestock. SECTION 3. Effective: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Hidalgo County considers the solicitation of business by unregulated roadside vendors a major problem in unincorporated areas of the county. The venders create traffic and other health and safety issues, encroach into right-of-ways and skirt sales tax laws. Although current law provides regulatory authority to the County, having to go through the County Attorney or District Attorney for enforcement is timely and inefficient.
This bill would allow certain counties with a population of 450,000 or more to enforce Section 285.004 (Violation of Regulation; Offense) of the Transportation Code which provides the regulation of road side vendors.
H.B. 1768 amends current law relating to the regulation of roadside vendors and solicitors.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Chapter 285, Transportation Code, to read as follows:
CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN CERTAIN COUNTIES
SECTION 2. Amends Section 285.001, Transportation Code, as follows:
Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR. (a) Creates this subsection from existing text. Authorizes the commissioners court of a county with a population of more than 450,000, rather than more than 1.3 million, by order, to promote the public safety, to 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) Prohibits an order under Subsection (a) from prohibiting the sale of livestock.
SECTION 3. Effective: upon passage or September 1, 2011.