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.