Holt Bill Gives Every County Power Over Roadside Vendors

The text as introduced · 396 words

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.