HBA-DMH, SEP H.B. 202 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 202
By: Seaman
County Affairs
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, coastal counties have authority in regard to activity on public
beaches; however, those counties are not specifically authorized to make
general ordinances to regulate public beaches.  House Bill 202 authorizes
the commissioners court of a county bordering the Gulf of Mexico to enact
ordinances, consistent with state law, to regulate activity on beaches
bordered by saltwater for the purpose of protecting the public health or
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. 

ANALYSIS

House Bill 202 amends the Local Government Code to authorize the
commissioners court of a  county bordering the Gulf of Mexico to enact
ordinances, consistent with state law, to regulate activity on beaches
bordered by saltwater for the purpose of protecting the public health or
safety.  Such an ordinance applies only to the unincorporated area of the
county, and if there is a conflict with a municipal ordinance, the
municipal ordinance prevails within the municipality's jurisdiction to the
extent of the conflict.  The bill provides that in a suit brought by the
county attorney or other prosecuting attorney representing the county in
the district court,  the county is entitled to appropriate injunctive
relief to prevent the violation or threatened violation of an ordinance.  A
violation of this ordinance is a Class C misdemeanor.    

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.