(a) This section does not apply to:
(1) an automotive wrecking and salvage yard as defined by and subject to Chapter 397;
(2) a junkyard as defined by § 391.001 and subject to Subchapter E, Chapter 391;
(3) a recycling business; or
(4) a junkyard or an automotive wrecking and salvage yard entirely in a municipality and regulated by the municipality.
(b) A person who operates a junkyard or an automotive wrecking and salvage yard shall screen the junkyard or automotive wrecking and salvage yard with a solid barrier fence at least eight feet high. The fence must be painted a natural earth tone color and may not have any sign appear on its surface other than a sign indicating the business name.

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Terms Used In Texas Transportation Code 396.021

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005

(c) A person who operates a junkyard or an automotive wrecking and salvage yard in a county with a population of 200,000 or less shall screen the junkyard or automotive wrecking and salvage yard to at least six feet in height along the portion of the junkyard or automotive wrecking and salvage yard that faces a public road or residence. The person may screen the yard by any appropriate means, including:
(1) a fence;
(2) natural objects; or
(3) plants.