By West                                          H.B. No. 407

      75R3115 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to authorizing certain counties to enact ordinances to

 1-3     protect the public health, safety, or welfare.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 240, Local Government Code, is amended by

 1-6     adding Subchapter E to read as follows:

 1-7       SUBCHAPTER E.  GENERAL REGULATORY AUTHORITY OF CERTAIN COUNTIES

 1-8           Sec. 240.081.  APPLICABILITY.  This subchapter applies only

 1-9     to a county with a population of more than 118,000 and less than

1-10     119,000.

1-11           Sec. 240.082.  ORDINANCE-MAKING POWER.  (a)  The

1-12     commissioners court of the county may enact ordinances to protect

1-13     the public health, safety, or welfare.

1-14           (b)  An ordinance adopted under this subchapter applies only

1-15     to the unincorporated area of the county.

1-16           Sec. 240.083.  PENALTY.  (a)  A person commits an offense if

1-17     the person violates an ordinance adopted under this subchapter.

1-18           (b)  An offense under this section is a Class C misdemeanor.

1-19     If it is shown on the trial of an offense under this section that

1-20     the person has previously been convicted of an offense under this

1-21     section, the offense is a Class B misdemeanor.

1-22           Sec. 240.084.  INJUNCTION.  The county is entitled to

1-23     injunctive relief to prevent a violation or threatened violation of

1-24     an ordinance adopted under this subchapter.  The county attorney or

 2-1     another prosecuting attorney authorized to represent the county in

 2-2     the district court may represent the county in a suit filed under

 2-3     this section.

 2-4           Sec. 240.085.  COUNTY ORDINANCE PREVAILS OVER MUNICIPAL

 2-5     ORDINANCE.  If an ordinance adopted under this subchapter conflicts

 2-6     with a municipal ordinance, the county ordinance prevails within

 2-7     the municipality's jurisdiction to the extent of the conflict.

 2-8           Sec. 240.086.  EXISTING COUNTY ORDINANCE-MAKING AUTHORITY.

 2-9     The ordinance-making authority granted by this subchapter replaces

2-10     the authority of a commissioners court to adopt orders or enact

2-11     ordinances under other law.

2-12           SECTION 2.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.