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.