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.