By Wentworth S.B. No. 1372 74R6376 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing counties to enact ordinances in certain 1-3 circumstances to protect the public health, safety, or welfare; 1-4 providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle B, Title 7, Local Government Code, is 1-7 amended by adding Chapter 239 to read as follows: 1-8 CHAPTER 239. GENERAL REGULATORY AUTHORITY OF COUNTIES 1-9 Sec. 239.001. ORDINANCE-MAKING POWER. (a) The 1-10 commissioners court of a county may enact ordinances as provided by 1-11 this chapter to protect the public health, 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 GRANTING AUTHORITY. (a) 1-15 The commissioners court may exercise ordinance-making authority 1-16 under this chapter only if: 1-17 (1) the court orders an election to submit to the 1-18 qualified voters of the county the question of granting 1-19 ordinance-making authority to the court; and 1-20 (2) a majority of the voters voting on the question 1-21 approve the question. 1-22 (b) The ballot at the election shall be printed to permit 1-23 voting for or against the proposition: "Granting authority to the 1-24 commissioners court of this county to enact ordinances that protect 2-1 the public health, safety, or welfare of the residents of the 2-2 county and that apply only to the area of the county located 2-3 outside municipalities." 2-4 Sec. 239.003. LOCAL OPTION ELECTION WITHDRAWING AUTHORITY. 2-5 (a) The commissioners court may not exercise ordinance-making 2-6 authority under this chapter if: 2-7 (1) the court orders an election to submit to the 2-8 qualified voters of the county the question of withdrawing the 2-9 authority from the court; and 2-10 (2) a majority of the voters voting on the question 2-11 approve the question. 2-12 (b) The ballot at the election shall be printed to permit 2-13 voting for or against the proposition: "Withdrawing from the 2-14 commissioners court of this county the authority previously granted 2-15 to the court by the voters of this county to enact ordinances that 2-16 protect the public health, safety, or welfare of the residents of 2-17 the county and that apply only to the area of the county located 2-18 outside municipalities." 2-19 (c) The commissioners court shall order the election on the 2-20 question of withdrawing the ordinance-making authority if the court 2-21 is petitioned as provided by Section 239.004. The commissioners 2-22 court shall order the election for the first uniform election date 2-23 that occurs on or after the 45th day after the date the court 2-24 receives from the county clerk the certification of the petition 2-25 under Section 239.004. 2-26 (d) An ordinance previously enacted by a commissioners court 2-27 under this chapter is repealed on the date following the day the 3-1 commissioners court officially canvasses and certifies that a 3-2 majority of the voters voting in the election approved withdrawing 3-3 ordinance-making authority from the court. 3-4 Sec. 239.004. PETITION FOR WITHDRAWAL ELECTION. (a) To 3-5 initiate an election to withdraw ordinance-making authority from 3-6 the commissioners court, a petition must be presented to the county 3-7 clerk. 3-8 (b) The petition must include: 3-9 (1) the signatures of a number of registered voters in 3-10 the county equal to at least 10 percent of the number of votes cast 3-11 in the county in the most recent general election for governor; and 3-12 (2) a statement, on each page of the petition, of the 3-13 ballot proposition for the proposed election. 3-14 (c) Not later than the 10th day after the date a petition is 3-15 presented to the county clerk, the clerk shall determine whether 3-16 the petition complies with the requirements of this section. 3-17 (d) Not later than the fifth day after the date the clerk 3-18 determines that the petition is valid, the clerk shall certify to 3-19 the commissioners court: 3-20 (1) the validity of the petition; and 3-21 (2) the statement of the ballot proposition. 3-22 Sec. 239.005. PENALTY. A person commits an offense if the 3-23 person violates a restriction or prohibition imposed by an 3-24 ordinance adopted under this chapter. An offense under this 3-25 section is a Class C misdemeanor. 3-26 Sec. 239.006. INJUNCTION. The county is entitled to 3-27 injunctive relief to prevent a violation or threatened violation of 4-1 an ordinance adopted under this chapter. The county attorney or 4-2 another prosecuting attorney authorized to represent the county in 4-3 the district court may represent the county in a suit filed under 4-4 this section. 4-5 Sec. 239.007. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 4-6 ORDINANCE. If an ordinance adopted under this chapter conflicts 4-7 with a municipal ordinance, the municipal ordinance prevails within 4-8 the municipality's jurisdiction to the extent of the conflict. 4-9 Sec. 239.008. EXISTING COUNTY ORDINANCE-MAKING AUTHORITY. 4-10 The ordinance-making authority granted by this chapter does not 4-11 affect the authority of a commissioners court to adopt orders or 4-12 enact ordinances under other law. 4-13 SECTION 2. The commissioners court of each county shall 4-14 order an election on the question of granting ordinance-making 4-15 authority to a county under Section 239.002, Local Government Code, 4-16 as added by this Act, for any uniform election date that occurs on 4-17 or before September 1, 1996. 4-18 SECTION 3. The importance of this legislation and the 4-19 crowded condition of the calendars in both houses create an 4-20 emergency and an imperative public necessity that the 4-21 constitutional rule requiring bills to be read on three several 4-22 days in each house be suspended, and this rule is hereby suspended.