73R7122 DWS-F
          By Berlanga                                           H.B. No. 2452
          Substitute the following for H.B. No. 2452:
          By Longoria                                       C.S.H.B. No. 2452
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the power of coastal counties to enact certain
    1-3  ordinances; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 240, Local Government Code, is amended by
    1-6  adding Subchapter C to read as follows:
    1-7       SUBCHAPTER C.  AUTHORITY OF COASTAL COUNTIES TO REGULATE
    1-8                       JUNKED VEHICLES AND TRASH
    1-9        Sec. 240.041.  LOCAL OPTION ELECTION.  (a)  The commissioners
   1-10  court of a county that borders the Gulf of Mexico may exercise
   1-11  authority under this subchapter only after the commissioners court
   1-12  has ordered an election on the question of granting this authority
   1-13  to the commissioners court and a majority of the voters voting on
   1-14  the question have approved it.
   1-15        (b)  The commissioners court may order the election and, if
   1-16  it does so, shall order the ballot to be printed to provide for
   1-17  voting for or against the proposition:  "Granting authority to the
   1-18  commissioners court of (name of county) to enact ordinances to
   1-19  regulate junked vehicles and trash."  Each qualified voter of the
   1-20  county is entitled to vote in the election.
   1-21        Sec. 240.042.  ORDINANCE-MAKING POWER.  The commissioners
   1-22  court of a county that borders the Gulf of Mexico may enact
   1-23  ordinances not inconsistent with state law to  regulate junked
    2-1  vehicles and trash.
    2-2        Sec. 240.043.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
    2-3  ORDINANCE.  If an ordinance adopted under this subchapter conflicts
    2-4  with an ordinance of a municipality, the municipal ordinance
    2-5  prevails within the municipality's jurisdiction to the extent of
    2-6  the conflict.
    2-7        Sec. 240.044.  PENALTY.  If an ordinance adopted under this
    2-8  subchapter defines an offense, the offense is a Class C
    2-9  misdemeanor.  The offense is prosecuted in the same manner as an
   2-10  offense defined by state law.
   2-11        Sec. 240.045.  INJUNCTION.  The county, in a suit brought by
   2-12  the county attorney or other prosecuting attorney representing the
   2-13  county in the district court, is entitled to appropriate injunctive
   2-14  relief to prevent the violation or threatened violation of an
   2-15  ordinance adopted under this subchapter from continuing or
   2-16  occurring.
   2-17        SECTION 2.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.