By Berlanga H.B. No. 3051
75R8002 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of certain coastal counties to enact
1-3 ordinances; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 7, Local Government Code, is
1-6 amended by adding Chapter 239A to read as follows:
1-7 CHAPTER 239A. ORDINANCE POWER IN CERTAIN COUNTIES
1-8 Sec. 239A.001. APPLICATION OF CHAPTER TO POPULOUS COASTAL
1-9 COUNTY. This chapter applies only to a county that has a
1-10 population of more than 215,000 and that includes all or part of an
1-11 island that borders the Gulf of Mexico.
1-12 Sec. 239A.002. ORDINANCE-MAKING POWER. (a) The
1-13 commissioners court of the county may enact ordinances not
1-14 inconsistent with state law to protect the public health or safety.
1-15 (b) An ordinance adopted under this chapter applies only to
1-16 the unincorporated area of the county.
1-17 Sec. 239A.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
1-18 ORDINANCE. If an ordinance adopted under this chapter conflicts
1-19 with an ordinance of a municipality, the municipal ordinance
1-20 prevails within the municipality's jurisdiction to the extent of
1-21 the conflict.
1-22 Sec. 239A.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The
1-23 authority granted by this chapter does not affect the authority of
1-24 the commissioners court to adopt an order or ordinance under other
2-1 law.
2-2 Sec. 239A.005. INJUNCTION. The county, in a suit brought by
2-3 the county attorney or other prosecuting attorney representing the
2-4 county in the district court, is entitled to appropriate injunctive
2-5 relief to prevent the violation or threatened violation of an
2-6 ordinance adopted under this chapter from continuing or occurring.
2-7 Sec. 239A.006. PENALTY. A person commits an offense if the
2-8 person violates a restriction or prohibition imposed by an
2-9 ordinance adopted under this chapter. An offense under this
2-10 section is a Class C misdemeanor.
2-11 SECTION 2. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.