2005 Texas Local Government Code CHAPTER 234. COUNTY REGULATION OF BUSINESSES AND OCCUPATIONS

LOCAL GOVERNMENT CODE

CHAPTER 234. COUNTY REGULATION OF BUSINESSES AND OCCUPATIONS

SUBCHAPTER A. CERTAIN OUTDOOR BUSINESSES


	§ 234.001. DEFINITIONS.  In this subchapter:                                
		(1)  "Automotive wrecking and salvage yard" means a 
business, other than a business classified as a salvage pool 
operator under Chapter 2302, Occupations Code, that stores three or 
more wrecked vehicles outdoors for the purpose of:
			(A)  selling the vehicles whole;  or                                         
			(B)  dismantling or otherwise wrecking the 
vehicles to remove parts for sale or for use in an automotive repair 
or rebuilding business.
		(2)  "Demolition business" means a business that 
demolishes structures, including houses and other buildings, in 
order to salvage building materials and that stores those materials 
before disposing of them.
		(3)  "Flea market" means an outdoor market for selling 
secondhand articles or antiques.
		(4)  "Junkyard" means a business that stores, buys, or 
sells materials that have been discarded or sold at a nominal price 
by a previous owner and that keeps all or part of the materials 
outdoors until disposing of them.
		(5)  "Outdoor resale business" means a business that 
sells used merchandise, other than automobiles, logging equipment, 
or other agricultural equipment, and stores or displays the 
merchandise outdoors.
		(6)  "Recycling business" means a business that is 
primarily engaged in:    
			(A)  converting ferrous or nonferrous metals or 
other materials into raw material products having prepared grades 
and having an existing or potential economic value;
			(B)  using raw material products of that kind in 
the production of new products;  or
			(C)  obtaining or storing ferrous or nonferrous 
metals or other materials for a purpose described by Paragraph (A) 
or (B).

Added by Acts 1993, 73rd Leg., ch. 107, § 8.01(a), eff. Aug. 30, 
1993.  Amended by Acts 1999, 76th Leg., ch. 992, § 1, eff. Sept. 
1, 1999.  Renumbered from V.T.C.A., Local Government Code 238.001 
and amended by Acts 2001, 77th Leg., ch. 1420, § 12.003(6), eff. 
Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1276, § 
14A.789, eff. Sept. 1, 2003.


	§ 234.002. AUTHORITY TO REGULATE;  ADOPTION OF RULE.  (a) 
The commissioners court of a county by order may establish visual 
aesthetic standards for automotive wrecking and salvage yards, 
junkyards, recycling businesses, flea markets, demolition 
businesses, and outdoor resale businesses in the unincorporated 
area of the county.
	(b)  The commissioners court may not include in an order 
adopted under this section a screening requirement for an 
automotive wrecking and salvage yard or a junkyard that is less 
restrictive than the screening requirement under Chapter 396, 
Transportation Code.
	(c)  An order adopted under this section must provide a 
reasonable period of time not to exceed 12 months for a business 
operating on the effective date of the order to comply with the 
visual aesthetic standards.

Added by Acts 1993, 73rd Leg., ch. 107, § 8.01, eff. Aug. 30, 
1993.  Amended by Acts 1997, 75th Leg., ch. 165, § 30.222, eff. 
Sept. 1, 1997.  Renumbered from V.T.C.A., Local Government Code 
§ 238.002 by Acts 2001, 77th Leg., ch. 1420, § 12.003(6), eff. 
Sept. 1, 2001.


	§ 234.003. EXCEPTIONS.  (a) A commissioners court may not 
regulate under this subchapter farm machinery owned or operated by 
the person on whose property the machinery is located and kept on 
that property for purposes other than sale.
	(b)  A business subject to a screening requirement under 
Subchapter E of Chapter 391, Chapter 396, or Chapter 397, 
Transportation Code, that was in compliance with that screening 
requirement on August 26, 1991, is exempt from a screening 
requirement adopted under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 107, § 8.01, eff. Aug. 30, 
1993.  Amended by Acts 1997, 75th Leg., ch. 165, § 30.223, eff. 
Sept. 1, 1997.  Renumbered from V.T.C.A., Local Government Code 
§ 238.003 and amended by Acts 2001, 77th Leg., ch. 1420, § 
12.003(6), eff. Sept. 1, 2001.


	§ 234.004. CIVIL PENALTY.  (a) The appropriate attorney 
representing the county in civil cases may file a civil action to 
recover a civil penalty from a business that violates a visual 
aesthetic standard established under this subchapter.  The penalty 
may not exceed $50 each day for the first 10 days of the violation, 
$100 each day for the next 10 days, $250 each day for the next 10 
days, and $1,000 for each day thereafter.  In determining the amount 
of the penalty, the court shall consider the seriousness of the 
violation.
	(b)  A penalty recovered under this section shall be 
deposited in the general fund of the county.

Added by Acts 1993, 73rd Leg., ch. 107, § 8.01, eff. Aug. 30, 
1993.  Renumbered from V.T.C.A., Local Government Code § 238.004 
and amended by Acts 2001, 77th Leg., ch. 1420, § 12.003(6), eff. 
Sept. 1, 2001.

SUBCHAPTER B. SLAUGHTERERS


	§ 234.031. DEFINITION.  In this subchapter, 
"slaughterer" has the meaning assigned by Section 148.001, 
Agriculture Code.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.061 by 
Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. Sept. 1, 2001.


	§ 234.032. APPLICABILITY.  This subchapter applies only 
in the unincorporated area of a county if the county:
		(1)  contains two or more municipalities with a 
population of 250,000 or more;  or
		(2)  is a county adjacent to a county described by 
Subdivision (1).         

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.062 and 
amended by Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. 
Sept. 1, 2001.


	§ 234.033. LOCATION OF SLAUGHTERER.  The commissioners 
court of the county may prohibit the operations of a slaughterer:
		(1)  within 1,000 feet of a school or residence;  or                          
		(2)  at any other location if the commissioners court 
finds that the operation of a slaughterer's business is 
incompatible with the existing land use of the neighboring area or 
would impose an undue hardship on persons residing or trading in the 
neighboring area.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.063 by 
Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. Sept. 1, 2001.


	§ 234.034. PERMIT REQUIRED.  The commissioners court may 
require that a slaughterer obtain a permit from the county before 
engaging in the slaughtering business in the county.  The 
commissioners court may set a fee to be paid for a permit.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.064 by 
Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. Sept. 1, 2001.


	§ 234.035. RULES.  The commissioners court may adopt 
rules as necessary to administer this subchapter.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.065 and 
amended by Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. 
Sept. 1, 2001.


	§ 234.036. INJUNCTION.  A district or county attorney may 
bring suit to enjoin the operations of a slaughterer in violation of 
this subchapter or a rule adopted by a county under this subchapter.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.066 by 
Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. Sept. 1, 2001.


	§ 234.037. OFFENSE.  A person commits an offense if a 
person violates a provision of this subchapter or a rule adopted 
under this subchapter.  An offense under this section is a Class C 
misdemeanor.

Added by Acts 1995, 74th Leg., ch. 1044, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Local Government Code § 240.067 by 
Acts 2001, 77th Leg., ch. 1420, § 12.003(7), eff. Sept. 1, 2001.