By Seaman H.B. No. 203
77R676 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 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 7, Local Government Code, is
1-6 amended by adding Chapter 230 to read as follows:
1-7 CHAPTER 230. GENERAL ORDINANCE-MAKING AUTHORITY
1-8 OF COASTAL COUNTIES
1-9 Sec. 230.001. APPLICATION OF CHAPTER TO COASTAL COUNTIES.
1-10 This chapter applies only to a county that borders the Gulf of
1-11 Mexico.
1-12 Sec. 230.002. ORDINANCE-MAKING AUTHORITY. (a) The
1-13 commissioners court of the county may enact ordinances not
1-14 inconsistent with state law to protect the public health or safety.
1-15 (b) An ordinance adopted under this chapter applies only to
1-16 the unincorporated area of the county.
1-17 Sec. 230.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
1-18 ORDINANCE. If an ordinance adopted under this chapter conflicts
1-19 with an ordinance of a municipality, the municipal ordinance
1-20 prevails within the municipality's jurisdiction to the extent of
1-21 the conflict.
1-22 Sec. 230.004. EXISTING COUNTY AUTHORITY UNAFFECTED. The
1-23 authority granted by this chapter does not affect the authority of
1-24 the commissioners court to adopt an order or ordinance under other
2-1 law.
2-2 Sec. 230.005. INJUNCTION. The county, in a suit brought by
2-3 the county attorney or other prosecuting attorney representing the
2-4 county in the district court, is entitled to appropriate injunctive
2-5 relief to prevent the violation or threatened violation of an
2-6 ordinance adopted under this chapter from continuing or occurring.
2-7 Sec. 230.006. PENALTY. A person commits an offense if the
2-8 person violates a restriction or prohibition imposed by an
2-9 ordinance adopted under this chapter. An offense under this
2-10 section is a Class C misdemeanor.
2-11 SECTION 2. This Act takes effect immediately if it receives
2-12 a vote of two-thirds of all the members elected to each house, as
2-13 provided by Section 39, Article III, Texas Constitution. If this
2-14 Act does not receive the vote necessary for immediate effect, this
2-15 Act takes effect September 1, 2001.