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.