By Brady H.B. No. 2918
74R6595 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing counties to adopt ordinances by election to
1-3 protect the public health, safety, or welfare; providing a 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 239 to read as follows:
1-7 CHAPTER 239. GENERAL REGULATORY AUTHORITY OF COUNTIES
1-8 Sec. 239.001. ORDINANCE-MAKING POWER. (a) The
1-9 commissioners court of a county may propose ordinances for voter
1-10 approval as provided by this chapter to protect the public health,
1-11 safety, or welfare.
1-12 (b) An ordinance adopted under this chapter applies only to
1-13 the unincorporated area of the county.
1-14 Sec. 239.002. LOCAL OPTION ELECTION TO AUTHORIZE ORDINANCE.
1-15 (a) The commissioners court may, by majority vote of the full
1-16 membership of the court, order an election to submit to the
1-17 qualified voters of the county the question of approving an
1-18 ordinance proposed by the court under this chapter.
1-19 (b) The ballot at the election shall be printed to permit
1-20 voting for or against the proposition: "Authorizing the adoption
1-21 of an ordinance relating to (brief description of the subject
1-22 matter of the ordinance)."
1-23 (c) The ordinance is adopted under this chapter on the date
1-24 following the day the commissioners court officially canvasses and
2-1 certifies that a majority of the voters voting in the election
2-2 approved the ordinance.
2-3 Sec. 239.003. MODIFICATION OF ORDINANCE. (a) The
2-4 commissioners court may, by majority vote of the full membership of
2-5 the court, modify an ordinance adopted under this chapter.
2-6 (b) The commissioners court shall order an election on the
2-7 question of withdrawing the modification of an ordinance modified
2-8 under this section if the court is petitioned as provided by
2-9 Section 239.005. If the commissioners court orders the election as
2-10 a result of a petition, the court shall order the election for the
2-11 first uniform election date that occurs on or after the 45th day
2-12 after the date the court receives from the county clerk the
2-13 certification of the petition under Section 239.005.
2-14 (c) The ballot at the election shall be printed to permit
2-15 voting for or against the proposition: "Modifying the ordinance
2-16 previously adopted by the voters of this county relating to (brief
2-17 description of the subject matter and modification of the
2-18 ordinance)."
2-19 (d) A modification adopted by the commissioners court under
2-20 this section is repealed on the date following the day the
2-21 commissioners court officially canvasses and certifies that a
2-22 majority of the voters voting in the election rejected the
2-23 modification.
2-24 Sec. 239.004. EXPIRATION, CONTINUATION, AND WITHDRAWAL OF
2-25 ORDINANCE. (a) An ordinance adopted under this chapter expires on
2-26 the sixth anniversary of the date of the election at which the
2-27 ordinance is adopted.
3-1 (b) The commissioners court may continue an expiring
3-2 ordinance in effect for six years if the court, by majority vote of
3-3 the full membership of the court, acts to continue the ordinance
3-4 during the 60 days before the date the ordinance expires.
3-5 (c) The commissioners court shall order an election on the
3-6 question of withdrawing an ordinance continued under Subsection (b)
3-7 if the court is petitioned as provided by Section 239.005. If the
3-8 commissioners court orders the election as a result of a petition,
3-9 the court shall order the election for the first uniform election
3-10 date that occurs on or after the 45th day after the date the court
3-11 receives from the county clerk the certification of the petition
3-12 under Section 239.005.
3-13 (d) The ballot at the election shall be printed to permit
3-14 voting for or against the proposition: "Withdrawing the ordinance
3-15 previously adopted by the voters of this county relating to (brief
3-16 description of the subject matter of the ordinance)."
3-17 (e) An ordinance previously adopted and continued under this
3-18 chapter is repealed on the date following the day the commissioners
3-19 court officially canvasses and certifies that a majority of the
3-20 voters voting in the election approved withdrawing the ordinance.
3-21 Sec. 239.005. PETITION FOR WITHDRAWING ORIGINAL OR MODIFIED
3-22 ORDINANCE. (a) To initiate an election to withdraw the
3-23 modification of an ordinance by the commissioners court under
3-24 Section 239.003 or the continuation of an ordinance by the
3-25 commissioners court under Section 239.004, a petition must be
3-26 presented to the county clerk.
3-27 (b) The petition must include:
4-1 (1) the signatures of a number of registered voters in
4-2 the county equal to at least 10 percent of the number of votes cast
4-3 in the county in the most recent general election for governor; and
4-4 (2) a statement, on each page of the petition, of the
4-5 ballot proposition for the proposed election.
4-6 (c) Not later than the 10th day after the date a petition is
4-7 presented to the county clerk, the clerk shall determine whether
4-8 the petition complies with the requirements of this section.
4-9 (d) Not later than the fifth day after the date the clerk
4-10 determines that the petition is valid, the clerk shall certify to
4-11 the commissioners court:
4-12 (1) the validity of the petition; and
4-13 (2) the statement of the ballot proposition.
4-14 Sec. 239.006. PENALTY. A person commits an offense if the
4-15 person violates a restriction or prohibition imposed by an
4-16 ordinance adopted under this chapter. An offense under this
4-17 section is a Class C misdemeanor.
4-18 Sec. 239.007. INJUNCTION. The county is entitled to
4-19 injunctive relief to prevent a violation or threatened violation of
4-20 an ordinance adopted under this chapter. The county attorney or
4-21 another prosecuting attorney authorized to represent the county in
4-22 the district court may represent the county in a suit filed under
4-23 this section.
4-24 Sec. 239.008. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
4-25 ORDINANCE. If an ordinance adopted under this chapter conflicts
4-26 with a municipal ordinance, the municipal ordinance prevails within
4-27 the municipality's jurisdiction to the extent of the conflict.
5-1 Sec. 239.009. EXISTING COUNTY ORDINANCE-MAKING AUTHORITY.
5-2 The ordinance-making authority granted by this chapter does not
5-3 affect the authority of a commissioners court to adopt orders or
5-4 enact ordinances under other law.
5-5 SECTION 2. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.