CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN CERTAIN COUNTIES
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR
IN CERTAIN COUNTIES
Sec. 285.001. REGULATION OF ROADSIDE VENDOR AND SOLICITOR. 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 132, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
493, Sec. 1, eff. September 1, 2007.
Sec. 285.002. PERMIT; REMOVAL OF STRUCTURE. The commissioners
court may:
(1) require a vendor or a person soliciting money to obtain a
permit to sell the food or merchandise or to solicit money;
(2) charge a reasonable fee for the permit; and
(3) provide for the removal of a structure that is in violation
of the regulations.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 285.003. CONFLICT WITH STATUTE OR STATE AGENCY RULE. If a
regulation adopted under this chapter conflicts with a statute or
state agency rule, the statute or rule prevails to the extent of
the conflict.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 285.004. VIOLATION OF REGULATION; OFFENSE. (a) A person
commits an offense if the person knowingly:
(1) violates a regulation adopted under this chapter; or
(2) obstructs or threatens to obstruct the removal of a
structure that is in violation of a regulation adopted under this
chapter.
(b) Each day a violation continues is a separate offense.
(c) An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.