By Berlanga                                           H.B. No. 2452
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the power of coastal counties, on a local option basis,
    1-3  to enact ordinances; providing penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 7, Local Government Code, is
    1-6  amended by adding Chapter 237 to read as follows:
    1-7                  CHAPTER 237. LOCAL OPTION ORDINANCE
    1-8                       POWER IN COASTAL COUNTIES
    1-9        Sec. 237.001.  LOCAL OPTION ELECTION.  (a)  The commissioners
   1-10  court of a county may exercise authority under this chapter only
   1-11  after the court has ordered an election on the question of granting
   1-12  this authority to the court and a majority of the voters voting on
   1-13  the question have approved it.
   1-14        (b)  The commissioners court may order the election and, if
   1-15  it does so, shall order the ballot to be printed to provide for
   1-16  voting for or against the proposition:  "Granting authority to the
   1-17  commissioners court of this county to enact ordinances to protect
   1-18  the public health, safety, and welfare."  Each qualified voter of
   1-19  the county is entitled to vote in the election.
   1-20        Sec. 237.002.  ORDINANCE-MAKING POWER.  The commissioners
   1-21  court of a county that borders on the Gulf of Mexico may enact
   1-22  ordinances not inconsistent with state law to protect the public
   1-23  health, safety, and welfare.
    2-1        Sec. 237.003.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
    2-2  ORDINANCE.  If an ordinance adopted under this chapter conflicts
    2-3  with an ordinance of a municipality, the municipal ordinance
    2-4  prevails within the municipality's jurisdiction to the extent of
    2-5  the conflict.
    2-6        Sec. 237.004.  PENALTY.  If an ordinance adopted under this
    2-7  chapter defines an offense, the offense is a Class C misdemeanor.
    2-8  The offense is prosecuted in the same manner as an offense defined
    2-9  by state law.
   2-10        Sec. 237.005.  INJUNCTION.  The county, in a suit brought by
   2-11  the county attorney or other prosecuting attorney representing the
   2-12  county in the district court, is entitled to appropriate injunctive
   2-13  relief to prevent the violation or threatened violation of an
   2-14  ordinance adopted under this chapter from continuing or occurring.
   2-15        SECTION 2.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.