| 1 | 1 | | 82R20784 MTB-D |
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| 2 | 2 | | By: Price H.B. No. 2443 |
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| 3 | 3 | | Substitute the following for H.B. No. 2443: |
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| 4 | 4 | | By: Darby C.S.H.B. No. 2443 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the offense of remaining, parking vehicles, or erecting |
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| 10 | 10 | | structures on certain state property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 545.411, Transportation |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | Sec. 545.411. USE OF REST AREA OR RIGHT-OF-WAY: OFFENSE. |
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| 15 | 15 | | SECTION 2. Sections 545.411(a) and (c), Transportation |
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| 16 | 16 | | Code, are amended to read as follows: |
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| 17 | 17 | | (a) A person commits an offense if the person remains or |
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| 18 | 18 | | parks a vehicle on state highway right-of-way or at a rest area for |
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| 19 | 19 | | longer than 24 hours or erects a tent, shelter, booth, or structure |
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| 20 | 20 | | on state highway right-of-way or at the rest area and the person: |
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| 21 | 21 | | (1) has notice while conducting the activity that the |
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| 22 | 22 | | activity is prohibited; or |
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| 23 | 23 | | (2) receives notice that the activity is prohibited |
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| 24 | 24 | | but does not depart or remove the vehicle or structure within eight |
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| 25 | 25 | | hours after receiving notice. |
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| 26 | 26 | | (c) It is an exception to Subsection (a) if: |
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| 27 | 27 | | (1) a nonprofit organization erects a temporary |
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| 28 | 28 | | structure at a rest area to provide food services, food, or |
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| 29 | 29 | | beverages to travelers and the Texas Department of Transportation: |
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| 30 | 30 | | (A) [(1)] finds that the services would |
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| 31 | 31 | | constitute a public service for the benefit of the traveling |
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| 32 | 32 | | public; and |
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| 33 | 33 | | (B) [(2)] issues a permit to the organization; or |
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| 34 | 34 | | (2) a person remains on or parks a vehicle on state |
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| 35 | 35 | | highway right-of-way: |
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| 36 | 36 | | (A) for emergency or highway construction and |
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| 37 | 37 | | maintenance purposes; |
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| 38 | 38 | | (B) within the corporate limits of a |
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| 39 | 39 | | municipality; |
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| 40 | 40 | | (C) for operations of an electric utility as |
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| 41 | 41 | | defined by Section 31.002, Utilities Code, or a gas utility as |
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| 42 | 42 | | defined by Section 101.003 or 121.001, Utilities Code, or for |
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| 43 | 43 | | surface coal mining and reclamation operations as defined by |
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| 44 | 44 | | Section 134.004, Natural Resources Code; or |
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| 45 | 45 | | (D) as authorized under other state or local law, |
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| 46 | 46 | | including a municipal ordinance. |
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| 47 | 47 | | SECTION 3. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2011. |
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