Bill Text: TX HB2443 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the offense of remaining, parking vehicles, or erecting structures on certain state property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Transportation & Homeland Sec. [HB2443 Detail]
Download: Texas-2011-HB2443-Engrossed.html
82R20784 MTB-D | ||
By: Price | H.B. No. 2443 |
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relating to the offense of remaining, parking vehicles, or erecting | ||
structures on certain state property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 545.411, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 545.411. USE OF REST AREA OR RIGHT-OF-WAY: OFFENSE. | ||
SECTION 2. Sections 545.411(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person remains or | ||
parks a vehicle on state highway right-of-way or at a rest area for | ||
longer than 24 hours or erects a tent, shelter, booth, or structure | ||
on state highway right-of-way or at the rest area and the person: | ||
(1) has notice while conducting the activity that the | ||
activity is prohibited; or | ||
(2) receives notice that the activity is prohibited | ||
but does not depart or remove the vehicle or structure within eight | ||
hours after receiving notice. | ||
(c) It is an exception to Subsection (a) if: | ||
(1) a nonprofit organization erects a temporary | ||
structure at a rest area to provide food services, food, or | ||
beverages to travelers and the Texas Department of Transportation: | ||
(A) [ |
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constitute a public service for the benefit of the traveling | ||
public; and | ||
(B) [ |
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(2) a person remains on or parks a vehicle on state | ||
highway right-of-way: | ||
(A) for emergency or highway construction and | ||
maintenance purposes; | ||
(B) within the corporate limits of a | ||
municipality; | ||
(C) for operations of an electric utility as | ||
defined by Section 31.002, Utilities Code, or a gas utility as | ||
defined by Section 101.003 or 121.001, Utilities Code, or for | ||
surface coal mining and reclamation operations as defined by | ||
Section 134.004, Natural Resources Code; or | ||
(D) as authorized under other state or local law, | ||
including a municipal ordinance. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |