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.