CHAPTER 396. AUTOMOBILE WRECKING AND SALVAGE YARDS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE H. HIGHWAY BEAUTIFICATION
CHAPTER 396. AUTOMOBILE WRECKING AND SALVAGE YARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.