HBA-NMO, NLM H.B. 2764 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2764
By: Solomons
Land & Resource Management
9/22/1999
Enrolled



BACKGROUND AND PURPOSE 

State law authorizes a county to establish visual aesthetic standards for
auto salvage yards in the unincorporated areas of the county.  Prior to the
76th Legislature, there was concern that the current definition of an auto
salvage yard left a loophole for salvage yard operators to circumvent the
aesthetic standards set by the commissioners court.  The law defined an
"automotive wrecking and salvage yard" as a business that stores three or
more wrecked vehicles outdoors for the purpose of dismantling or otherwise
wrecking the vehicles to remove parts for sale or for use in automotive
repair.  H.B. 2764 excludes from the definition of a "automotive wrecking
and salvage yard" a business classified as a salvage pool operator under
Article 6687-1a (Salvage Vehicle Dealers), V.T.C.S., and adds to that
definition a business that stores  three or more wrecked vehicles outdoors
for the purpose of selling the vehicles whole. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 238.001(1), Local Government Code, to exclude
from the definition of a "automotive wrecking and salvage yard" a business
classified as a salvage pool operator under Article 6687-1a (Salvage
Vehicle Dealers), V.T.C.S., and to add to that definition a business that
stores  three or more wrecked vehicles outdoors for the purpose of selling
the vehicles whole. Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.