By Seaman H.B. No. 202
77R677 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of coastal counties to enact ordinances
1-3 regulating activity on beaches in certain circumstances; providing
1-4 a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 7, Local Government Code, is
1-7 amended by adding Chapter 230 to read as follows:
1-8 CHAPTER 230. GENERAL ORDINANCE-MAKING AUTHORITY REGARDING
1-9 BEACHES IN COASTAL COUNTIES
1-10 Sec. 230.001. APPLICATION OF CHAPTER TO COASTAL COUNTIES.
1-11 This chapter applies only to a county that borders the Gulf of
1-12 Mexico.
1-13 Sec. 230.002. ORDINANCE-MAKING AUTHORITY. (a) The
1-14 commissioners court of the county may enact ordinances not
1-15 inconsistent with state law to regulate activity on beaches
1-16 bordered by saltwater for the purpose of protecting the public
1-17 health or safety.
1-18 (b) An ordinance adopted under this chapter applies only to
1-19 the unincorporated area of the county.
1-20 Sec. 230.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
1-21 ORDINANCE. If an ordinance adopted under this chapter conflicts
1-22 with an ordinance of a municipality, the municipal ordinance
1-23 prevails within the municipality's jurisdiction to the extent of
1-24 the conflict.
2-1 Sec. 230.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The
2-2 authority granted by this chapter does not affect the authority of
2-3 the commissioners court to adopt an order or ordinance under other
2-4 law.
2-5 Sec. 230.005. INJUNCTION. The county, in a suit brought by
2-6 the county attorney or other prosecuting attorney representing the
2-7 county in the district court, is entitled to appropriate injunctive
2-8 relief to prevent the violation or threatened violation of an
2-9 ordinance adopted under this chapter from continuing or occurring.
2-10 Sec. 230.006. PENALTY. A person commits an offense if the
2-11 person violates a restriction or prohibition imposed by an
2-12 ordinance adopted under this chapter. An offense under this
2-13 section is a Class C misdemeanor.
2-14 SECTION 2. This Act takes effect immediately if it receives
2-15 a vote of two-thirds of all the members elected to each house, as
2-16 provided by Section 39, Article III, Texas Constitution. If this
2-17 Act does not receive the vote necessary for immediate effect, this
2-18 Act takes effect September 1, 2001.