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.
