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.