| 1 | 1 | | 89R9832 GP-D |
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| 2 | 2 | | By: Holt H.B. No. 4150 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 authorizing the Texas Department of Transportation to |
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| 10 | 10 | | enforce certain regulations adopted by a county commissioners |
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| 11 | 11 | | court. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 285.001(a), Transportation Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) To promote the public safety, the commissioners court of |
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| 16 | 16 | | a county [with a population of more than 1.3 million] by order may |
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| 17 | 17 | | regulate the following in the unincorporated area of the county if |
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| 18 | 18 | | they occur on a public highway or road, in the right-of-way of a |
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| 19 | 19 | | public highway or road, or in a parking lot: |
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| 20 | 20 | | (1) the sale of items by a vendor of food or |
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| 21 | 21 | | merchandise, including live animals; |
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| 22 | 22 | | (2) the erection, maintenance, or placement of a |
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| 23 | 23 | | structure by a vendor of food or merchandise, including live |
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| 24 | 24 | | animals; and |
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| 25 | 25 | | (3) the solicitation of money. |
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| 26 | 26 | | SECTION 2. Chapter 285, Transportation Code, is amended by |
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| 27 | 27 | | adding Section 285.005 to read as follows: |
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| 28 | 28 | | Sec. 285.005. REMOVAL AND DISPOSAL OF STRUCTURE VIOLATING |
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| 29 | 29 | | REGULATION. (a) The department may: |
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| 30 | 30 | | (1) issue a verbal warning to the owner of a structure |
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| 31 | 31 | | that is in violation of a regulation adopted under this chapter; and |
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| 32 | 32 | | (2) notify the appropriate local law enforcement |
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| 33 | 33 | | agency of the location of a structure that is in violation of a |
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| 34 | 34 | | regulation adopted under this chapter. |
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| 35 | 35 | | (b) The department, in coordination with the appropriate |
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| 36 | 36 | | local law enforcement agency, may remove a structure that remains |
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| 37 | 37 | | in violation of a regulation adopted under this chapter 24 hours |
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| 38 | 38 | | after the department issued a verbal warning to the structure's |
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| 39 | 39 | | owner. |
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| 40 | 40 | | (c) If the structure owner's identity and mailing address |
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| 41 | 41 | | are reasonably ascertainable, the department or local law |
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| 42 | 42 | | enforcement agency shall notify the owner in writing that the |
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| 43 | 43 | | structure: |
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| 44 | 44 | | (1) has been removed; and |
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| 45 | 45 | | (2) may be disposed of unless the owner claims the |
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| 46 | 46 | | structure on or before the 10th day after the removal date. |
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| 47 | 47 | | (d) If the owner of the structure does not claim the |
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| 48 | 48 | | structure on or before the 10th day after the removal date, the |
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| 49 | 49 | | department or local law enforcement agency may dispose of the |
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| 50 | 50 | | structure. |
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| 51 | 51 | | (e) In this section, a reference to a structure that is in |
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| 52 | 52 | | violation of a regulation adopted under this chapter includes |
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| 53 | 53 | | tangible personal property reasonably associated with the |
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| 54 | 54 | | structure. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2025. |
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