CHAPTER 397. AUTOMOBILE WRECKING AND SALVAGE YARDS IN CERTAIN COUNTIES
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE H. HIGHWAY BEAUTIFICATION
CHAPTER 397. AUTOMOBILE WRECKING AND SALVAGE YARDS IN CERTAIN
COUNTIES
Sec. 397.001. APPLICABILITY OF CHAPTER. This chapter applies
only to an automotive wrecking and salvage yard that:
(1) is in a county with a population of 3.3 million or more;
(2) is not located within a municipality in that county; and
(3) is established on or after September 1, 1983.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 137, eff. Sept. 1,
2001.
Sec. 397.002. DEFINITIONS. In this chapter:
(1) "Automotive wrecking and salvage yard" means a lot or tract
of land on which three or more abandoned, discarded, junked,
wrecked, or worn-out automotive vehicles are kept for the purpose
of dismantling or wrecking to extract parts, components, and
accessories for use in an automotive repair or rebuilding
business or for sale.
(2) "Person" means an individual, corporation, or association.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.003. FENCE REQUIRED. (a) An automotive wrecking and
salvage yard shall be completely surrounded by a fence as
provided by Subsection (b).
(b) A side of the yard that is generally parallel to and within
100 feet of a right-of-way of a public street shall be bounded by
a fence at least eight feet in height. Other sides of the yard
shall be bounded by a fence at least six feet in height.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.004. CONSTRUCTION AND MAINTENANCE OF FENCE. (a) A
fence required by Section 397.003 shall be constructed and
maintained so that the outer surface is continuous and without
spaces.
(b) The fence shall be constructed of wood, masonry, corrugated
sheet metal, chain link, or a combination of those materials. Any
one side of the fence may be constructed of only one of those
materials.
(c) A chain link fence must be galvanized and have wood or metal
slats or strips that run through all links of the fence. A
properly constructed and maintained chain link fence with slats
or strips complies with Subsection (a).
(d) The fence must extend downward to within three inches of the
ground and must test plumb and square at all times.
(e) The fence shall be constructed in compliance with all
applicable provisions of the building code of a municipality in
which the fence is constructed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.005. WALL OR DOOR AS PART OF FENCE. A fence required
by Section 397.003 may consist in whole or in part of a wall and
door of a completely enclosed building on the premises if the
wall or door is constructed and maintained as required by this
chapter for a fence.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.006. GATE REQUIRED. (a) Each opening in a fence that
is necessary to permit reasonable access to an automotive
wrecking and salvage yard shall be equipped with a gate. The gate
shall be constructed and maintained in accordance with the
requirements of this chapter for a fence.
(b) A gate shall be closed and securely locked at all times
except during normal daytime business hours.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.007. DISPLAY OR WORK OUTSIDE FENCE PROHIBITED. An
owner or operator of an automotive wrecking and salvage yard or
that person's agent or employee may not display, store, or work
on a junked or wrecked automotive vehicle or a part, accessory,
or junk from the vehicle outside or above the fence required by
this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.008. ACCESS FOR OFFICIALS. All automotive vehicles,
parts, and other materials located on an automotive wrecking and
salvage yard shall be arranged to allow reasonable access to and
inspection of the yard by an authorized fire, health, police, or
building official.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.009. REMOVAL OF GASOLINE. Gasoline in a fuel tank of a
junked, wrecked, or abandoned automotive vehicle shall be
completely removed before the vehicle is placed on an automotive
wrecking and salvage yard.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.010. DRAINAGE. Each portion of a lot or tract used in
the operation of an automotive wrecking and salvage yard must
have appropriate drainage.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.011. LOCATION OF YARD. (a) Except as provided by
Subsection (b), an automotive wrecking and salvage yard may not
be established within 300 feet of an existing church, school, or
residence. The distance is measured beginning at the wall of the
church, school, or residence that is closest to the yard and
ending at the fence required by this chapter.
(b) An automotive wrecking and salvage yard may be established
within 300 feet of a residence if the same person owns the
residence and the yard.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.012. PENALTY. (a) A person commits an offense if the
person operates an automotive wrecking and salvage yard in
violation of this chapter.
(b) An offense under this section is a Class C misdemeanor.
(c) Each day a violation continues is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.0125. CIVIL PENALTY. (a) In addition to the penalty
provided by Section 397.012, a person who operates an automotive
wrecking and salvage yard in violation of this chapter is liable
for a civil penalty of not less than $500 or more than $1,000 for
each violation. A separate penalty may be imposed for each day a
continuing violation occurs.
(b) The district or county attorney for the county, or the
municipal attorney of the municipality, in which the violation is
alleged to have occurred may bring suit to collect the penalty.
(c) A penalty collected under this section by a district or
county attorney shall be deposited in the county treasury. A
penalty collected under this section by a municipal attorney
shall be deposited in the municipal treasury.
Added by Acts 2009, 81st Leg., R.S., Ch.
562, Sec. 1, eff. September 1, 2009.
Sec. 397.013. REVOCATION OF LICENSE. The appropriate municipal
authority may revoke or refuse to issue or renew a person's
municipal license to operate an automotive wrecking and salvage
yard if the authority finds the person violated a provision of
this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 397.014. INJUNCTION. (a) A person, county, or
municipality is entitled to an injunction to prohibit a violation
or threatened violation of this chapter.
(b) The venue for the injunction proceeding is in the county to
which this chapter applies in which any part of the automotive
wrecking and salvage yard is located.
Added by Acts 2005, 79th Leg., Ch.
13, Sec. 2, eff. May 3, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
562, Sec. 2, eff. September 1, 2009.