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.