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.