By Cuellar H.B. No. 3781 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing counties to enact ordinances to protect the 1-3 public health, safety, or welfare; 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 232A to read as follows: 1-7 CHAPTER 232A. GENERAL REGULATORY AUTHORITY OF COUNTIES 1-8 Sec. 232A.001. ORDINANCE-MAKING POWER. (a) The 1-9 commissioners court of a county may enact ordinances to protect the 1-10 public health, safety, or welfare. 1-11 (b) An ordinance adopted under this chapter applies only to 1-12 the unincorporated area of the county. 1-13 Sec. 232A.002. PENALTY. (a) A person commits an offense if 1-14 the person violates an ordinance adapted under this chapter. 1-15 (b) An offense under this section is a Class C misdemeanor. 1-16 If it is shown on the trial of an offense under this section that 1-17 the person has previously been convicted of an offense under this 1-18 section, the offense is a Class B misdemeanor. 1-19 Sec. 232A.003. INJUNCTION. The county is entitled to 1-20 injunctive relief to prevent a violation or threatened violation of 1-21 an ordinance adopted under this chapter. The county attorney or 2-1 another prosecuting attorney authorized to represent the county in 2-2 the district court may represent the county in a suit filed under 2-3 this section. 2-4 Sec. 232A.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 2-5 ORDINANCE. If an ordinance adopted under this chapter conflicts 2-6 with a municipal ordinance, the municipal ordinance prevails within 2-7 the municipality's jurisdiction to the extend of the conflict. 2-8 Sec. 232A.005. EXISTING COUNTY ORDINANCE-MAKING AUTHORITY. 2-9 The ordinance-making authority granted by this chapter replaces the 2-10 authority of a commissioners court to adopt orders or enact 2-11 ordinances under other law. 2-12 SECTION 2. The importance of the legislation and the crowded 2-13 condition of the calendars in both houses create an emergency and 2-14 an imperative public necessity that the constitutional rule 2-15 requiring bills to be read on three several days in each house be 2-16 suspended, and this rule is hereby suspended.