By Seaman                                             H.B. No. 1146
         76R1636 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; 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 COASTAL COUNTIES
 1-8           Sec. 239A.001.  APPLICATION OF CHAPTER TO COASTAL COUNTIES.
 1-9     This chapter applies only to a county that borders the Gulf of
1-10     Mexico.
1-11           Sec. 239A.002.  ORDINANCE-MAKING POWER.  (a)  The
1-12     commissioners court of the county may enact ordinances not
1-13     inconsistent with state law to protect the public health or safety.
1-14           (b)  An ordinance adopted under this chapter applies only to
1-15     the unincorporated area of the county.
1-16           Sec. 239A.003.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
1-17     ORDINANCE.  If an ordinance adopted under this chapter conflicts
1-18     with an ordinance of a municipality, the municipal ordinance
1-19     prevails within the municipality's jurisdiction to the extent of
1-20     the conflict.
1-21           Sec. 239A.004.  EXISTING COUNTY AUTHORITY UNAFFECTED.  The
1-22     authority granted by this chapter does not affect the authority of
1-23     the commissioners court to adopt an order or ordinance under other
1-24     law.
 2-1           Sec. 239A.005.  INJUNCTION.  The county, in a suit brought by
 2-2     the county attorney or other prosecuting attorney representing the
 2-3     county in the district court, is entitled to appropriate injunctive
 2-4     relief to prevent the violation or threatened violation of an
 2-5     ordinance adopted under this chapter from continuing or occurring.
 2-6           Sec. 239A.006.  PENALTY.  A person commits an offense if the
 2-7     person violates a restriction or prohibition imposed by an
 2-8     ordinance adopted under this chapter.  An offense under this
 2-9     section is a Class C misdemeanor.
2-10           SECTION 2.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended,
2-15     and that this Act take effect and be in force from and after its
2-16     passage, and it is so enacted.