Sec. 391.121. PROHIBITED JUNKYARD; OFFENSE. (a) A person commits an offense if:
(1) the person wilfully establishes, operates, or maintains a junkyard any portion of which is within 1,000 feet of the nearest edge of a right-of-way of a highway in the interstate or primary system; and
(2) the junkyard is not:
(A) screened by appropriate means, including natural objects, plantings, or fences, so that it is not visible from the main-traveled way of the interstate or primary highway; or
(B) located in an area that is a zoned or unzoned industrial area.
(b) The determination of whether an area is industrial must be made under criteria established by commission rule and according to actual land use.
(c) An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of the proscribed conduct is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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