By Seaman                                        H.B. No. 774

      75R3940 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to county regulation of the possession of glass containers

 1-3     at a public park or beach; providing a criminal penalty.

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

 1-5           SECTION 1.  Subchapter Z, Chapter 240, Local Government Code,

 1-6     is amended by adding Section 240.906 to read as follows:

 1-7           Sec. 240.906.  COUNTY REGULATION OF GLASS CONTAINERS.  (a)

 1-8     The commissioners court of a county by order may prohibit, limit,

 1-9     or otherwise restrict the possession of glass containers at a park

1-10     or beach owned or controlled by the county in the unincorporated

1-11     area of the county.  The ordinance or order may not apply to

1-12     premises licensed or permitted by the Texas Alcoholic Beverage

1-13     Commission for on-premise consumption.

1-14           (b)  The commissioners court may grant a variance to the

1-15     order in specific circumstances if the commissioners court, after

1-16     consideration of public health and safety and the equities of the

1-17     specific circumstances, determines that enforcement of the order:

1-18                 (1)  is not in the best interest of the public;

1-19                 (2)  constitutes waste or inefficient use of land or

1-20     other resources;

1-21                 (3)  does not serve its intended purpose; or

1-22                 (4)  is not effective or necessary.

1-23           (c)  A person commits an offense if the person knowingly

1-24     violates a prohibition, limit, or other restriction established by

 2-1     an order of a commissioners court under this section.  An offense

 2-2     under this subsection is a Class C misdemeanor.

 2-3           SECTION 2.  This Act takes effect September 1, 1997.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.