HBA-MPA H.B. 3781 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3781 By: Cuellar County Affairs 4/26/1999 Introduced BACKGROUND AND PURPOSE Currently, counties have limited regulatory authority in controlling environmental, public health, and safety matters. Home-rule cities have extensive authority to act on these matters by adopting regulatory ordinances. This can have the effect of leading the regulated entity or person to conduct the activity into the unincorporated areas of the county, which has only limited means to regulate. H.B. 3781 permits counties to enact regulations on matters affecting the environment, public health and safety. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 7, Local Government Code, by adding Chapter 232A, as follows: CHAPTER 232A. GENERAL REGULATORY AUTHORITY OF COUNTIES Sec. 232A.001. ORDINANCE-MAKING POWER. (a) Authorizes the commissioners court of a county to enact ordinances to protect the public health, safety, or welfare. (b) Provides that an ordinance adopted under this chapter applies only to the unincorporated areas of the county. Sec. 232A.002. PENALTY. (a) Provides that a person commits an offense if the person violates an ordinance adopted under this chapter. (b) Provides that an offense under this section is a Class C misdemeanor. Provides that the offense is a Class B misdemeanor if it can be shown at trial that the person had previously been convicted of an offense under this section. Sec. 232A.003. INJUNCTION. Provides that the county is entitled to injunctive relief to prevent a violation or threatened violation of an ordinance adopted under this chapter. Authorizes the county attorney or another prosecuting attorney authorized to represent the county in the district court to represent the county in a suit filed under this section. Sec. 232A.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDINANCE. Provides that a municipal ordinance prevails within the municipality's jurisdiction to the extent of the conflict. Sec. 232A.005. EXISTING COUNTY ORDINANCE-MAKING AUTHORITY. Provides that the ordinance-making authority granted by this chapter replaces the authority of a commissioners court to adopt orders or enact ordinances under other laws. SECTION 2.Emergency clause. Effective date: 90 days after adjournment.