Title TN, Transportation Code

Sec. 396.023. EFFECT OF LOCAL ORDINANCE. A person who operates a junkyard or an automotive wrecking and salvage yard, in screening the yard, shall comply, to the extent practicable, with an applicable ordinance adopted by a political subdivision. Acts 1995, 74th Leg., ch. 165, Se…

Sec. 396.024. PENALTY. (a) A person commits an offense if the person knowingly violates Section 396.021 or 396.022. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500. (c) Each day a violation continues is a separate of…

Sec. 396.041. COUNTY LICENSE. (a) This section does not apply to: (1) a recycling business; (2) a junkyard or automotive wrecking and salvage yard located entirely in a municipality and subject to regulation by the municipality; or (3) a junkyard or automotive wrecking and salvag…

Sec. 396.042. PUBLIC HEARING. (a) Before adopting an ordinance under Section 396.041, the commissioners court must hold a public hearing. (b) Any interested member of the public may appear and testify at the hearing about the subject of the proposed ordinance. Acts 1995, 74th Leg…

Sec. 396.043. NOTICE OF HEARING. (a) The commissioners court shall: (1) post in a public place in the county courthouse a notice of the time, place, and general subject of the public hearing; and (2) publish the notice in a newspaper of general circulation in the county. (b) The …

Sec. 396.044. CONFLICT WITH OTHER LAW. If a requirement, standard, or condition established under this subchapter conflicts with another law of this state, a rule adopted under state law, or a municipal ordinance, the stricter of the two provisions prevails. Acts 1995, 74th Leg.,…

Sec. 396.045. PENALTY. (a) A person commits an offense if the person violates an ordinance adopted under this subchapter that defines an offense. (b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 and not more than $500. (c) Each day a v…

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,…

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, …

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 f…

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…

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 19…

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 …

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 outs…

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 …

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 otherwise provided by this subsection and Subsection (b), an automotive wrecking and salvage yard may not be established within 600 feet of an existing church, school, or residence. A yard may be established within 600 feet of a resid…

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. (c) Each day a violation continues is a separate offense. Acts 1995, 74t…

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 separ…

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 …

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 automo…

Sec. 430.001. ADVISORY SAFETY OR DIRECTIONAL SIGNS. (a) A political subdivision may place along a public right-of-way under the control of the political subdivision an advisory safety or useful directional sign that cannot be mistaken as an official sign. (b) The political subdiv…

Sec. 430.002. SIGNS ERECTED BY NEIGHBORHOOD ASSOCIATION. (a) In this section, "property owners' association" means an association described by Section 204.004, Property Code. (b) A property owners' association may install a speed feedback sign or a solar-powered light-emitting di…

Sec. 431.001. SHORT TITLE. This chapter may be cited as the Texas Transportation Corporation Act. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The purposes of this chapter are: (1) the promotion and development of public transportation facilities and systems by new and alternative means; (2) the expansion and improvement of transportation facilities and systems; (3) the …

Sec. 431.003. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of a corporation organized under this chapter. (2) "Corporation" means a corporation organized under this chapter and includes a local government corporation. (3) "Local government" means: (A) a …

Sec. 431.004. OPEN MEETINGS. (a) A corporation is subject to Chapter 551, Government Code. (b) Except as provided by Subsection (c) or (d), the board shall file notice of each meeting of the board in the same manner and in the same location as is required of a state governmental …

Sec. 431.005. OPEN RECORDS. The board is subject to Chapter 552, Government Code. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.006. APPLICATION OF TEXAS NON-PROFIT CORPORATION ACT. The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation to the extent that the provisions of that Act are not inconsistent with this chapter. Acts 1995,…

Sec. 431.021. PURPOSE OF CORPORATION. The purpose of a corporation is limited to the promotion and development of public transportation facilities and systems. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.022. APPLICATION. (a) Three or more individuals may file with the commission an application for the creation of a corporation within a designated area. (b) Each of the individuals must be a qualified voter. (c) The application must be in writing. (d) The application must…

Sec. 431.023. ADOPTION OF RESOLUTION. (a) A corporation may be created only if the commission adopts a resolution authorizing the creation of a corporation to act on behalf of the commission. (b) A resolution must state that the commission: (1) determines that creation of the cor…

Sec. 431.024. FORM OF CORPORATION. (a) A corporation is a nonmember, nonstock corporation. (b) A corporation is nonprofit, and its earnings may not benefit a private interest. (c) A corporation may be created as a perpetual corporation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff.…

Sec. 431.025. ARTICLES OF INCORPORATION. The articles of incorporation must state: (1) the name of the corporation; (2) that the corporation is a nonprofit corporation; (3) the duration of the corporation; (4) the specific purpose for which the corporation is organized on behalf …

Sec. 431.026. DELIVERY AND FILING OF CERTIFICATE OF INCORPORATION. (a) After the commission adopts a resolution under Section 431.023, three originals of the articles of incorporation shall be delivered to the secretary of state. (b) The secretary of state shall determine whether…

Sec. 431.027. EFFECT OF ISSUANCE OF CERTIFICATE OF INCORPORATION. (a) A corporation's existence begins when its certificate of incorporation is issued. (b) After the issuance of the certificate of incorporation, the incorporation may not be contested for any reason. (c) A certifi…

Sec. 431.028. BOARD. (a) A corporation must have a board in which the powers of the corporation reside. (b) The board consists of three or more directors. (c) The commission shall appoint each director for a term that may not exceed six years. (d) The commission may remove a dire…

Sec. 431.029. ADVISORY DIRECTORS. (a) The board may appoint any number of advisory directors. (b) An advisory director advises and assists the directors in promoting and developing new and expanded transportation facilities and systems. (c) An advisory director serves until the c…

Sec. 431.030. BYLAWS. (a) The board shall adopt the initial bylaws of a corporation. The commission, by resolution, must approve the initial bylaws. (b) A corporation may change its bylaws only with the approval of the commission. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.…

Sec. 431.031. QUORUM. (a) A quorum of a board is the lesser of: (1) a majority of: (A) the membership of the board under the bylaws; or (B) if the bylaws do not provide the membership of the board, the membership of the board under the articles of incorporation; or (2) the number…

Sec. 431.032. INDEMNIFICATION. (a) A corporation may indemnify a director or officer of the corporation for necessary expenses and costs, including attorney's fees, incurred by the director or officer in connection with any claim asserted against the director or officer in a cour…

Sec. 431.033. EXEMPTION FROM TAXATION. A corporation affects all the people in its area by assuming to a material extent what otherwise might be an obligation or duty of the commission and is a purely public charity under Section 2, Article VIII, Texas Constitution. However, a co…

Sec. 431.034. INCOME OF TRANSPORTATION CORPORATION. The commission has the unrestricted right at any time to receive any income earned by a corporation other than a local government corporation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER C. CORPORATE PO…

Sec. 431.061. DEFINITIONS. In this subchapter: (1) "Construction" includes improvement and landscaping. (2) "Highway" includes an improvement to a highway. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.062. GENERAL POWERS. (a) A corporation has the powers and privileges of a nonprofit corporation incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes). (b) A corporation has the powers provided by this subchapte…