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.