89R9832 GP-D
By: Holt H.B. No. 4150
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Texas Department of Transportation to
enforce certain regulations adopted by a county commissioners
court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 285.001(a), Transportation Code, is
amended to read as follows:
(a) To promote the public safety, the commissioners court of
a county [with a population of more than 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;
(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.
SECTION 2. Chapter 285, Transportation Code, is amended by
adding Section 285.005 to read as follows:
Sec. 285.005. REMOVAL AND DISPOSAL OF STRUCTURE VIOLATING
REGULATION. (a) The department may:
(1) issue a verbal warning to the owner of a structure
that is in violation of a regulation adopted under this chapter; and
(2) notify the appropriate local law enforcement
agency of the location of a structure that is in violation of a
regulation adopted under this chapter.
(b) The department, in coordination with the appropriate
local law enforcement agency, may remove a structure that remains
in violation of a regulation adopted under this chapter 24 hours
after the department issued a verbal warning to the structure's
owner.
(c) If the structure owner's identity and mailing address
are reasonably ascertainable, the department or local law
enforcement agency shall notify the owner in writing that the
structure:
(1) has been removed; and
(2) may be disposed of unless the owner claims the
structure on or before the 10th day after the removal date.
(d) If the owner of the structure does not claim the
structure on or before the 10th day after the removal date, the
department or local law enforcement agency may dispose of the
structure.
(e) In this section, a reference to a structure that is in
violation of a regulation adopted under this chapter includes
tangible personal property reasonably associated with the
structure.
SECTION 3. This Act takes effect September 1, 2025.