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.