CHAPTER 396. AUTOMOBILE WRECKING AND SALVAGE YARDS

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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

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.

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.

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.

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.

(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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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