HB4150 - Relating to authorizing the Texas Department of Transportation to enforce certain regulations adopted by a county commissioners court.

  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.