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 * * * * *