(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.