HB2731

Regular Session

Relating to the regulation of roadside vendors and solicitors in certain counties.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

County Commissioners Courts (Counties bordering Mexico with population > 200,000) • County Sheriffs and Constables (Unincorporated areas)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Variable. Compliance is triggered only when your specific County Commissioners Court adopts a local order pursuant to this statute. Expect these orders to appear on agendas between September 2025 and January 2026.
Agency Rulemaking: County-Level Only. There is no state-level rulemaking. You must monitor the Commissioners Court agendas in Cameron, Webb, Hidalgo, and El Paso counties. The "regulatory gray zone" exists from Sept 1, 2025, until the county passes its specific ordinance.

Immediate Action Plan

1. Geographic Audit: Immediately identify all facility locations in the unincorporated areas of Cameron and Webb counties (and re-verify Hidalgo/El Paso).
2. Setback Analysis: Calculate the setback distance for all highway-facing parking lots at these locations to determine which vendor spots are at risk.
3. Government Affairs Alert: Task your local representatives to monitor County Commissioners Court agendas starting August 2025 for "Roadside Vendor" or "Solicitation" orders.
4. Lease Addendums: Issue lease addendums to all parking lot tenants in affected zones, conditioning their continued occupancy on compliance with future county orders.

Operational Changes Required

Contracts

Vendor Leases: Review all agreements with third-party vendors (food trucks, pop-up stalls) operating on your parking lots in affected unincorporated areas.
Termination Clauses: Amend contracts to include an immediate termination right if the vendor’s operation is rendered illegal by new county ordinances.
Indemnification: Update indemnity clauses to require vendors to cover any administrative fines levied against the property owner for the vendor's violation of county solicitation or vending rules.

Hiring/Training

Site Management: Train facility managers in unincorporated border zones to distinguish between "livestock" (protected) and "live animals" (likely prohibited).
Security Protocols: Update security post orders to identify and remove unauthorized solicitors in parking lots, as their presence may now trigger county enforcement actions against the property owner.

Reporting & Record-Keeping

Right-of-Way (ROW) Maps: Maintain current surveys or TxDOT maps for all frontage properties. You must be able to calculate the "setback zone" (one-half the width of the ROW) where vending may be prohibited.
Livestock Classification: If you host animal sales, retain documentation proving the animals meet the statutory definition of "livestock" (e.g., farm/ranch use) to claim the statutory exemption.

Fees & Costs

Potential Fines: While the bill does not set a state fine, violation of county orders is typically a Class C Misdemeanor (up to $500 per day/offense).
Revenue Loss: Anticipate the potential loss of lease revenue if the county prohibits pop-up vendors in your parking lots.

Strategic Ambiguities & Considerations

"Solicitation of Money": The statute allows counties to regulate "solicitation." It is unclear if this applies strictly to charitable/panhandling activities or if counties will aggressively interpret this to restrict commercial sales teams (e.g., windshield repair solicitation). Watch the definitions in the draft county orders closely.
"Live Animals" vs. "Livestock": The law prohibits banning "livestock" sales but allows banning "live animal" sales. The line between a "pet" and "livestock" (e.g., rabbits, poultry) is not defined in the bill and will be subject to local interpretation and enforcement discretion.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsHighways Vehicles & Traffic Vehicles & Traffic--rules of Road Border County Government County Government--land Use & Zoning Business & Commerce Business & Commerce--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2731

By: Muñoz

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee of concerns raised by constituents about the public safety hazards posed by roadside vending and solicitation, particularly near high-traffic areas, and further informed the committee that roadside sales or solicitation create dangerous conditions for both vendors and drivers. H.B. 2731 seeks to enhance public safety by adjusting the population thresholds for counties authorized to regulate roadside vending and solicitation. The bill specifically lowers the population threshold of counties bordering Mexico from populations greater than 870,000 to 200,000 and removes restrictions based on road speed limits.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2731 amends the Transportation Code to revise the authority of a county commissioners court to regulate certain activities by vendors and solicitors that occur in the unincorporated area of the county on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot as follows:

·lowers from more than 1.3 million to more than 500,000 the minimum population threshold of a county whose commissioners court by order may regulate the sale of food or merchandise, including live animals, by a roadside vendor; the erection, maintenance, or placement of a structure by such a vendor; and the solicitation of money; and

·for a county that borders the United Mexican States:

olowers from more than 870,000 to more than 200,000 the minimum population threshold of a county whose commissioners court by order may regulate such activities by roadside vendors and solicitors; and

oremoves the restriction on the regulation of activities on or in the right-of-way of a public highway or road to public highways and roads with a speed limit of 40 miles per hour or faster.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Sergio MunozDemocrat · Primary Author

Senate Sponsor

Sen. Juan HinojosaDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 2731

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the regulation of roadside vendors and solicitors in
	certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 285.001(b) and (c), Transportation
	Code, are amended to read as follows:
	(b) The commissioners court of a county with a population of
	more than 200,000 [~~870,000~~] that borders the United Mexican States
	by order may regulate the following activities in the
	unincorporated areas of the county, provided that the activities
	occur in a parking lot or on or in the right-of-way of a public
	highway or road [~~described by Subsection (a) in the manner~~
	~~described by that subsection, except that~~]:
	(1) the sale of items and the erection, maintenance,
	or placement of a structure by a vendor of live animals [~~the~~
	~~regulation of activities on or in the right-of-way of a public~~
	~~highway or road is limited to public highways and roads with a speed~~
	~~limit of 40 miles per hour or faster~~]; and
	(2) the solicitation of money [~~the county may not~~
	~~prohibit the sale of livestock~~].
	(c) A county regulating vendors under Subsection (b):
	(1) may require that a vendor be located not closer to
	the edge of the public highway or road than a distance that is equal
	to one-half the width of the right-of-way adjacent to the highway or
	road; and
	(2) may not adopt an order under Subsection (b)
	prohibiting the sale of livestock.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 17, 2025

TO:	Honorable Cecil Bell, Chair, House Committee on Intergovernmental Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2731 by Muñoz (Relating to the regulation of roadside vendors and solicitors in certain counties.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, SZ, BC, CWi

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Frequently Asked Questions

Common questions about HB2731

What does Texas HB2731 do?

HB2731 drastically lowers the population threshold (from 870,000 to 200,000) for counties bordering Mexico to regulate roadside commerce, effectively granting Cameron and Webb Counties the same regulatory powers previously reserved for El Paso and Hidalgo. If you own property or operate in the unincorporated areas of these counties, local Commissioners Courts now have the statutory authority to ban or restrict roadside vendors, live animal sales, and solicitation in your parking lots and adjacent rights-of-way. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Variable.

Who authored HB2731?

HB2731 was authored by Texas Representative Sergio Munoz during the Regular Session.

When was HB2731 signed into law?

HB2731 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2731?

HB2731 is enforced by County Commissioners Courts (Counties bordering Mexico with population > 200,000) and County Sheriffs and Constables (Unincorporated areas).

How urgent is compliance with HB2731?

The compliance urgency for HB2731 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2731?

The cost impact of HB2731 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2731 address?

HB2731 addresses topics including highways, vehicles & traffic, vehicles & traffic--rules of road, border and county government.

Legislative data provided by LegiScanLast updated: November 25, 2025

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