By Solis H.B. No. 2617 77R1364 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing counties to enact ordinances to protect the 1-3 public health, safety, or welfare; 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 REGULATORY AUTHORITY OF COUNTIES 1-8 Sec. 230.001. ORDINANCE-MAKING POWER. (a) The commissioners 1-9 court of a county may enact ordinances to protect the public 1-10 health, safety, or welfare. 1-11 (b) An ordinance adopted under this chapter applies only to 1-12 the unincorporated area of the county. 1-13 Sec. 230.002. PENALTY. (a) A person commits an offense if 1-14 the person violates an ordinance adopted under this chapter. 1-15 (b) An offense under this section is a Class C misdemeanor. 1-16 If it is shown on the trial of an offense under this section that 1-17 the person has previously been convicted of an offense under this 1-18 section, the offense is a Class B misdemeanor. 1-19 Sec. 230.003. INJUNCTION. The county is entitled to 1-20 injunctive relief to prevent a violation or threatened violation of 1-21 an ordinance adopted under this chapter. The county attorney or 1-22 another prosecuting attorney authorized to represent the county in 1-23 the district court may represent the county in a suit filed under 1-24 this section. 2-1 Sec. 230.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 2-2 ORDINANCE. If an ordinance adopted under this chapter conflicts 2-3 with a municipal ordinance, the municipal ordinance prevails within 2-4 the municipality's jurisdiction to the extent of the conflict. 2-5 Sec. 230.005. EXISTING COUNTY ORDINANCE-MAKING AUTHORITY. 2-6 The ordinance-making authority granted by this chapter supplements 2-7 the authority of a commissioners court to adopt orders or enact 2-8 ordinances under other law. 2-9 SECTION 2. This Act takes effect immediately if it receives 2-10 a vote of two-thirds of all the members elected to each house, as 2-11 provided by Section 39, Article III, Texas Constitution. If this 2-12 Act does not receive the vote necessary for immediate effect, this 2-13 Act takes effect September 1, 2001.