By Oliveira H.B. No. 325 77R2186 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of certain 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 COUNTIES LOCATED NEAR INTERNATIONAL BORDER 1-9 Sec. 230.001. APPLICATION OF CHAPTER. This chapter applies 1-10 only to a county that the Texas Department of Housing and Community 1-11 Affairs determines: 1-12 (1) has a per capita income that averaged 25 percent 1-13 below the state average for the most recent three consecutive years 1-14 for which statistics are available and an unemployment rate that 1-15 averaged 25 percent above the state average for the most recent 1-16 three consecutive years for which statistics are available; and 1-17 (2) has any part of its territory located within 50 1-18 miles of an international border. 1-19 Sec. 230.002. DETERMINATION AND NOTICE OF APPLICABILITY. 1-20 (a) The Texas Department of Housing and Community Affairs shall 1-21 annually determine the counties in which this chapter applies. 1-22 (b) The department shall: 1-23 (1) provide to the secretary of state for publication 1-24 in the Texas Register a list of the counties in which this chapter 2-1 applies; and 2-2 (2) notify the county clerk of each county in which 2-3 this chapter applies. 2-4 (c) The notice required by Subsection (b) must state that 2-5 Chapter 230, Local Government Code, applies to the unincorporated 2-6 area of the county. 2-7 (d) The department shall make its determination not later 2-8 than May 1 of each year, based on consideration of statistics 2-9 excluding the year in which the determination is made. The 2-10 determination is effective beginning June 1 following the 2-11 determination. 2-12 (e) Immediately after receiving notice from the department, 2-13 the county clerk shall publish a copy of the notice on three 2-14 separate days in a newspaper of general circulation in the county. 2-15 If no newspaper is published in the county, the clerk shall post a 2-16 copy of the notice on three separate days on a bulletin board at a 2-17 place convenient to the public in the county courthouse. 2-18 Sec. 230.003. ORDINANCE-MAKING AUTHORITY. (a) The 2-19 commissioners court of the county may enact ordinances not 2-20 inconsistent with state law to protect the public health, safety, 2-21 or welfare. 2-22 (b) An ordinance adopted under this chapter applies only to 2-23 the unincorporated area of the county. 2-24 Sec. 230.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 2-25 ORDINANCE. If an ordinance adopted under this chapter conflicts 2-26 with an ordinance of a municipality, the municipal ordinance 2-27 prevails within the municipality's jurisdiction to the extent of 3-1 the conflict. 3-2 Sec. 230.005. EXISTING COUNTY AUTHORITY UNAFFECTED. The 3-3 authority granted by this chapter does not affect the authority of 3-4 the commissioners court to adopt an order or ordinance under other 3-5 law. 3-6 Sec. 230.006. INJUNCTION. The county, in a suit brought by 3-7 the county attorney or other prosecuting attorney representing the 3-8 county in the district court, is entitled to appropriate injunctive 3-9 relief to prevent the violation or threatened violation of an 3-10 ordinance adopted under this chapter from continuing or occurring. 3-11 Sec. 230.007. PENALTY. A person commits an offense if the 3-12 person violates a restriction or prohibition imposed by an 3-13 ordinance adopted under this chapter. An offense under this 3-14 section is a Class C misdemeanor. 3-15 SECTION 2. (a) The Texas Department of Housing and 3-16 Community Affairs shall act as soon as practicable to make the 3-17 initial determinations under Chapter 230, Local Government Code, as 3-18 added by this Act, and shall publish and give notice of those 3-19 determinations not later than October 1, 2001. 3-20 (b) Chapter 230, Local Government Code, as added by this 3-21 Act, applies to a county beginning on a date designated by the 3-22 Texas Department of Housing and Community Affairs, which date must 3-23 be at least 30 days after the date on which notice is given to the 3-24 county clerk under Subsection (a), but not later than November 1, 3-25 2001. 3-26 SECTION 3. This Act takes effect September 1, 2001.