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.