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.