2005 Texas Transportation Code CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN CERTAIN COUNTIES

TRANSPORTATION CODE

CHAPTER 285. COUNTY REGULATION OF ROADSIDE VENDOR AND SOLICITOR IN 
CERTAIN COUNTIES


	§ 285.001. REGULATION OF ROADSIDE VENDOR AND 
SOLICITOR.  To promote the public safety, the commissioners court 
of a county with a population of more than 2.2 million by order may 
regulate the following if they occur on a public highway or road in 
the unincorporated area of the county or in the right-of-way of the 
highway or road:
		(1)  the sale of items by a vendor of food or 
merchandise;                  
		(2)  the erection, maintenance, or placement of a 
structure by a vendor of food or merchandise;  and
		(3)  the solicitation of money.                                               

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 669, § 132, eff. Sept. 1, 2001.


	§ 285.002. PERMIT;  REMOVAL OF STRUCTURE.  The 
commissioners court may:   
		(1)  require a vendor or a person soliciting money to 
obtain a permit to sell the food or merchandise or to solicit money;
		(2)  charge a reasonable fee for the permit;  and                             
		(3)  provide for the removal of a structure that is in 
violation of the regulations.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 285.003. CONFLICT WITH STATUTE OR STATE AGENCY 
RULE.  If a regulation adopted under this chapter conflicts with a 
statute or state agency rule, the statute or rule prevails to the 
extent of the conflict.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 285.004. VIOLATION OF REGULATION;  OFFENSE.  (a) A 
person commits an offense if the person knowingly:
		(1)  violates a regulation adopted under this chapter;  
or                  
		(2)  obstructs or threatens to obstruct the removal of 
a structure that is in violation of a regulation adopted under this 
chapter.
	(b)  Each day a violation continues is a separate offense.                     
	(c)  An offense under this section is a Class C misdemeanor.                   

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.