1-1        By:  Wentworth                                  S.B. No. 1372
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; May 4, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  May 4, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1372               By:  Wentworth
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to authorizing counties to enact ordinances in certain
   1-11  circumstances to protect the public health, safety, or welfare;
   1-12  providing a penalty.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subtitle B, Title 7, Local Government Code, is
   1-15  amended by adding Chapter 239 to read as follows:
   1-16        CHAPTER 239.  GENERAL REGULATORY AUTHORITY OF COUNTIES
   1-17        Sec. 239.001.  ORDINANCE-MAKING POWER.  (a)  Except as
   1-18  prohibited by any state or federal law, the commissioners court of
   1-19  a county that has a population of more than 10,000 and less than
   1-20  14,600 and that is adjacent to a county with a population of 1.18
   1-21  million or more may enact ordinances as provided by this chapter to
   1-22  protect the public health, safety, or welfare.
   1-23        (b)  An ordinance adopted under this chapter applies only to
   1-24  the unincorporated area of the county, except land appraised under
   1-25  Subchapter C, D, or E, Chapter 23, Tax Code.
   1-26        Sec. 239.002.  LOCAL OPTION ELECTION.  (a)  The commissioners
   1-27  court may exercise a specific ordinance-making authority under this
   1-28  chapter only if:
   1-29              (1)  the court adopts a proposed ordinance;
   1-30              (2)  the court orders an election to submit to the
   1-31  qualified voters of the county the question of adopting the
   1-32  proposed ordinance; and
   1-33              (3)  a majority of the voters voting on the question
   1-34  approve the question.
   1-35        (b)  If the commissioners court orders the election, it must
   1-36  be held on the first uniform election date that occurs on or after
   1-37  the 45th day after the date the proposed ordinance is adopted by
   1-38  the court.
   1-39        (c)  The ballot at the election shall be printed to permit
   1-40  voting for or against the proposition:  "Adopting the proposed
   1-41  ordinance relating to (description of the proposed ordinance)."
   1-42        Sec. 239.003.  LOCAL OPTION ELECTION WITHDRAWING AUTHORITY.
   1-43  (a)  The commissioners court may not exercise ordinance-making
   1-44  authority under this chapter if:
   1-45              (1)  the court orders an election to submit to the
   1-46  qualified voters of the county the question of withdrawing the
   1-47  authority from the court; and
   1-48              (2)  a majority of the voters voting on the question
   1-49  approve the question.
   1-50        (b)  The ballot at the election shall be printed to permit
   1-51  voting for or against the proposition:  "Withdrawing from the
   1-52  commissioners court of this county the authority previously granted
   1-53  to the court by the voters of this county to enact an ordinance
   1-54  relating to (description of the ordinance)."
   1-55        (c)  The commissioners court shall order the election on the
   1-56  question of withdrawing the previously granted ordinance-making
   1-57  authority if the court is petitioned as provided by Section
   1-58  239.004.  The commissioners court shall order the election for the
   1-59  first uniform election date that occurs on or after the 45th day
   1-60  after the date the court receives from the county clerk the
   1-61  certification of the petition under Section 239.004.
   1-62        (d)  An ordinance previously enacted by a commissioners court
   1-63  and adopted by the voters under this chapter is repealed on the
   1-64  date following the day the commissioners court officially canvasses
   1-65  and certifies that a majority of the voters voting in the election
   1-66  approved withdrawing a previously granted ordinance-making
   1-67  authority from the court.
   1-68        Sec. 239.004.  PETITION FOR WITHDRAWAL ELECTION.  (a)  To
    2-1  initiate an election to withdraw from the commissioners court an
    2-2  ordinance-making authority previously granted under Section
    2-3  239.002, a petition must be presented to the county clerk.
    2-4        (b)  The petition must include:
    2-5              (1)  the signatures of a number of registered voters in
    2-6  the county equal to at least 10 percent of the number of votes cast
    2-7  in the county in the most recent general election for governor; and
    2-8              (2)  a statement, on each page of the petition, of the
    2-9  ballot proposition for the proposed election.
   2-10        (c)  Not later than the 10th day after the date a petition is
   2-11  presented to the county clerk, the clerk shall determine whether
   2-12  the petition complies with the requirements of this section.
   2-13        (d)  Not later than the fifth day after the date the clerk
   2-14  determines that the petition is valid, the clerk shall certify to
   2-15  the commissioners court:
   2-16              (1)  the validity of the petition; and
   2-17              (2)  the statement of the ballot proposition.
   2-18        Sec. 239.005.  PENALTY.  A person commits an offense if the
   2-19  person violates a restriction or prohibition imposed by an
   2-20  ordinance adopted under this chapter.  An offense under this
   2-21  section is a Class C misdemeanor.
   2-22        Sec. 239.006.  INJUNCTION.  The county is entitled to
   2-23  injunctive relief to prevent a violation or threatened violation of
   2-24  an ordinance adopted under this chapter.  The county attorney or
   2-25  another prosecuting attorney authorized to represent the county in
   2-26  the district court may represent the county in a suit filed under
   2-27  this section.
   2-28        Sec. 239.007.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
   2-29  ORDINANCE.  If an ordinance adopted under this chapter conflicts
   2-30  with a municipal ordinance, the municipal ordinance prevails within
   2-31  the municipality's jurisdiction to the extent of the conflict.
   2-32        Sec. 239.008.  EXISTING COUNTY ORDINANCE-MAKING AUTHORITY.
   2-33  The ordinance-making authority granted by this chapter does not
   2-34  affect the authority of a commissioners court to adopt orders or
   2-35  enact ordinances under other law.
   2-36        SECTION 2.  The importance of this legislation and the
   2-37  crowded condition of the calendars in both houses create an
   2-38  emergency and an imperative public necessity that the
   2-39  constitutional rule requiring bills to be read on three several
   2-40  days in each house be suspended, and this rule is hereby suspended.
   2-41                               * * * * *