Relating to the regulation of roadside vendors and solicitors in certain counties.
Summary
HB 2731 authorizes commissioners courts in counties with populations over 200,000 that border Mexico to regulate certain roadside commercial activity in unincorporated areas when it occurs in a parking lot or on/in the right-of-way of a public highway or road. The bill specifically covers the sale of items and the erection, maintenance, or placement of a structure by a vendor of live animals, as well as the solicitation of money. It also allows counties to set a minimum setback for vendors from the edge of the roadway, tied to one-half the width of the adjacent right-of-way.
The bill narrows and clarifies county authority over roadside vendors and solicitors in border counties, while expressly prohibiting counties from adopting an order that bans the sale of livestock. The measure takes effect September 1, 2025, and amends Section 285.001 of the Transportation Code.
Impact
HB 2731 changes Texas Transportation Code provisions governing county regulation of roadside vendors in certain border counties, replacing the prior population threshold of more than 870,000 with more than 200,000 and preserving the Mexico-border requirement. It expands the scope of activities counties may regulate in unincorporated areas and in highway rights-of-way, but limits that authority by forbidding any county order that prohibits livestock sales. The bill affects county governments, roadside vendors, solicitors, and livestock sellers operating in eligible counties.
Sentiment
The bill appears to have received generally favorable legislative support, passing the House and Senate with clear majorities and ultimately becoming effective law. The vote margins suggest broad agreement on giving counties some regulatory authority over roadside vending and solicitation, especially in border areas, while still preserving livestock sales. The House vote was more divided than the Senate vote, indicating some reservations in the lower chamber.
Contention
The main point of contention is the balance between local control and economic activity along roadways in border counties. Supporters likely favored giving counties tools to manage roadside commerce, traffic safety, and nuisance concerns, while opponents may have objected to expanding county regulation of vendors and solicitors or to the potential impact on small businesses and informal sellers. A notable compromise is the explicit prohibition on banning livestock sales, which suggests concern about protecting agricultural commerce even as other roadside activities are regulated.