Law:Title 6. Roadways. Subtitle H. Highway Beautification from Chapter 396. Automobile Wrecking And Salvage Yards (Texas)

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Subtitle H. Highway Beautification

Contents

Chapter 396. Automobile Wrecking And Salvage Yards

Subchapter A. General Provisions

Section  396.001.  Definitions.

In this chapter:

(1)  "Automotive wrecking and salvage yard" means an outdoor place where a person stores three or more vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in automotive repair or rebuilding.

(2)  "Junk" means copper, brass, iron, steel, rope, rags, batteries, tires, or other material that has been discarded or sold at a nominal price by a previous owner of the material. The term does not include a wrecked vehicle.

(3)  "Junkyard" means a place where a business that owns junk, and is operated to store, buy, or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk.

(4)  "Recycling business" means a business primarily engaged in the business of:

(A)  converting metal or other material into raw material products that have:

(i)  prepared grades; and

(ii)  an existing or potential economic value;

(B)  using raw material products described by Paragraph (A) in the production of new products; or

(C)  obtaining or storing metal or other material for a purpose described by Paragraph (A) or (B).

(5)  "Wrecked vehicle" means a discarded, junked, damaged, or worn-out automotive vehicle that is not in a condition to be lawfully operated on a public road.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 13, Sec. 1, eff. May 3, 2005.

Acts 2007, 80th Leg., R.S., Ch. 707, Sec. 1, eff. September 1, 2007.



Section  396.002.  Injunction.

(a) A person is entitled to an injunction to prohibit a violation or threatened violation of this chapter or of a county ordinance adopted under this chapter.

(b)  The venue for the injunction proceeding is in the county in which any part of the junkyard or automotive wrecking and salvage yard is located.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Subchapter B. Screening Requirements And Location

Section  396.021.  Screening Requirements.

(a) This section does not apply to:

(1)  an automotive wrecking and salvage yard as defined by and subject to Chapter 397;

(2)  a junkyard as defined by Section 391.001 and subject to Subchapter E, Chapter 391;

(3)  a recycling business; or

(4)  a junkyard or an automotive wrecking and salvage yard entirely in a municipality and regulated by the municipality.

(b)  A person who operates a junkyard or an automotive wrecking and salvage yard shall screen the junkyard or automotive wrecking and salvage yard with a solid barrier fence at least eight feet high. The fence must be painted a natural earth tone color and may not have any sign appear on its surface other than a sign indicating the business name.

(c)  A person who operates a junkyard or an automotive wrecking and salvage yard in a county with a population of 200,000 or less shall screen the junkyard or automotive wrecking and salvage yard to at least six feet in height along the portion of the junkyard or automotive wrecking and salvage yard that faces a public road or residence. The person may screen the yard by any appropriate means, including:

(1)  a fence;

(2)  natural objects; or

(3)  plants.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.022.  Location Of Yard.

(a) A junkyard or an automotive wrecking and salvage yard may not be located within 50 feet of the right-of-way of a public street, state highway, or residence.

(b)  A person may not accumulate or stack materials associated with a junkyard or an automotive wrecking and salvage yard higher than eight feet above ground level.

(c)  This section does not apply to a junkyard or an automotive wrecking and salvage yard used only for farm equipment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.023.  Effect Of Local Ordinance.

A person who operates a junkyard or an automotive wrecking and salvage yard, in screening the yard, shall comply, to the extent practicable, with an applicable ordinance adopted by a political subdivision.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.024.  Penalty. (a)

A person commits an offense if the person knowingly violates Section 396.021 or 396.022.

(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500.

(c)  Each day a violation continues is a separate offense.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 636, Sec. 1, eff. Sept. 1, 1997.



Subchapter C. County Regulation Of Junkyards Or Automotive Wrecking And Salvage Yards

Section  396.041.  County License.

(a) This section does not apply to:

(1)  a recycling business;

(2)  a junkyard or automotive wrecking and salvage yard located entirely in a municipality and subject to regulation by the municipality; or

(3)  a junkyard or automotive wrecking and salvage yard in operation before June 1, 1987.

(b)  To protect the public health, safety, or welfare, the commissioners court of a county may by ordinance require a junkyard or automotive wrecking and salvage yard to be licensed by the county.

(c)  An ordinance may:

(1)  impose a fee of $25 for the issuance or renewal of a license;

(2)  impose a fee of not more than:

(A)  $150 for the issuance or renewal of a license, if the ordinance is adopted by the commissioners court of a county with a population of one million or more that contains two or more municipalities, each of which has a population of 250,000 or more; or

(B)  $500 for the issuance or renewal of a license, if the ordinance is adopted by the commissioners court of a county with a population of 3.3 million or more;

(3)  condition the license on the operation of the junkyard or automotive wrecking and salvage yard only at a location approved by the commissioners court; or

(4)  establish grounds for suspending or revoking a license if the junkyard or automotive wrecking and salvage yard is not screened.

(d)  The county shall deposit each license fee received to the credit of the county general fund.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 636, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 71, Sec. 1, eff. September 1, 2007.



Section  396.042.  Public Hearing.

(a) Before adopting an ordinance under Section 396.041, the commissioners court must hold a public hearing.

(b)  Any interested member of the public may appear and testify at the hearing about the subject of the proposed ordinance.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.043.  Notice Of Hearing.

(a) The commissioners court shall:

(1)  post in a public place in the county courthouse a notice of the time, place, and general subject of the public hearing; and

(2)  publish the notice in a newspaper of general circulation in the county.

(b)  The notice must be:

(1)  posted for the 10 days preceding the date of the public hearing; and

(2)  published at least once a week for the three weeks preceding the week the public hearing is held.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.044.  Conflict With Other Law.

If a requirement, standard, or condition established under this subchapter conflicts with another law of this state, a rule adopted under state law, or a municipal ordinance, the stricter of the two provisions prevails.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.



Section  396.045.  Penalty.

(a) A person commits an offense if the person violates an ordinance adopted under this subchapter that defines an offense.

(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 and not more than $500.

(c)  Each day a violation continues is a separate offense.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 636, Sec. 3, eff. Sept. 1, 1997.


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