By Seaman                                              H.B. No. 336
         76R1719 PAM-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 regulating activity on beaches in certain circumstances;
 1-4     providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 240, Local Government Code, is amended by
 1-7     adding Subchapter E to read as follows:
 1-8              SUBCHAPTER E.  REGULATION OF ACTIVITY ON BEACHES
 1-9           Sec. 240.081.  APPLICATION OF CHAPTER TO COASTAL COUNTIES.
1-10     This chapter applies only to a county that borders the Gulf of
1-11     Mexico.
1-12           Sec. 240.082.  ORDINANCE-MAKING POWER.  (a)  The
1-13     commissioners court of the county may enact ordinances not
1-14     inconsistent with state law to regulate activity on beaches for the
1-15     purpose of protecting the public health or safety.
1-16           (b)  An ordinance adopted under this chapter applies only to
1-17     the unincorporated area of the county.
1-18           Sec. 240.083.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
1-19     ORDINANCE.  If an ordinance adopted under this chapter conflicts
1-20     with an ordinance of a municipality, the municipal ordinance
1-21     prevails within the municipality's jurisdiction to the extent of
1-22     the conflict.
1-23           Sec. 240.084.  EXISTING COUNTY AUTHORITY UNAFFECTED.  The
1-24     authority granted by this chapter does not affect the authority of
 2-1     the commissioners court to adopt an order or ordinance under other
 2-2     law.
 2-3           Sec. 240.085.  INJUNCTION.  The county, in a suit brought by
 2-4     the county attorney or other prosecuting attorney representing the
 2-5     county in the district court, is entitled to appropriate injunctive
 2-6     relief to prevent the violation or threatened violation of an
 2-7     ordinance adopted under this chapter from continuing or occurring.
 2-8           Sec. 240.086.  PENALTY.  A person commits an offense if the
 2-9     person violates a restriction or prohibition imposed by an
2-10     ordinance adopted under this chapter.  An offense under this
2-11     section is a Class C misdemeanor.
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,
2-17     and that this Act take effect and be in force from and after its
2-18     passage, and it is so enacted.