CHAPTER 397. AUTOMOBILE WRECKING AND SALVAGE YARDS IN CERTAIN COUNTIES

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > 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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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