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 * * * * *