79R2850 MXM-D

By:  Farabee                                                      H.B. No. 757



A BILL TO BE ENTITLED

AN ACT

relating to authorizing counties to enact ordinances to protect the 
public health, safety, or welfare; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subtitle B, Title 7, Local Government Code, is 
amended by adding Chapter 230 to read as follows:

CHAPTER 230.  GENERAL REGULATORY AUTHORITY OF COUNTIES
	Sec. 230.001.  ORDINANCE-MAKING POWER. (a)  The 
commissioners court of a county may enact ordinances to protect the 
public health, safety, or welfare.
	(b)  An ordinance adopted under this chapter applies only to 
the unincorporated area of the county.
	Sec. 230.002.  FEES. The commissioners court of a county may 
impose reasonable fees on persons who are subject to an ordinance as 
necessary to produce sufficient revenue to pay the costs of 
administering the ordinance.
	Sec. 230.003.  PENALTY. (a)  A person commits an offense if 
the person violates an ordinance adopted under this chapter.
	(b)  An offense under this section is a Class C misdemeanor.  
If it is shown on the trial of an offense under this section that the 
person has previously been convicted of an offense under this 
section, the offense is a Class B misdemeanor.
	Sec. 230.004.  INJUNCTION. The county is entitled to 
injunctive relief to prevent a violation or threatened violation of 
an ordinance adopted under this chapter.  The county attorney or 
another prosecuting attorney authorized to represent the county in 
the district court may represent the county in a suit filed under 
this section.
	Sec. 230.005.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 
ORDINANCE. If an ordinance adopted under this chapter conflicts 
with a municipal ordinance, the municipal ordinance prevails within 
the municipality's jurisdiction to the extent of the conflict.
	Sec. 230.006.  OTHER COUNTY ORDINANCE-MAKING AUTHORITY 
REPLACED. (a)  The ordinance-making authority granted by this 
chapter replaces the authority of a commissioners court to adopt 
under other law orders or ordinances that apply in the 
unincorporated area of the county and that relate to the public 
health, safety, or welfare.
	(b)  An order or ordinance adopted under the other law before 
the effective date of this chapter is not affected by this chapter 
and is continued in effect as if it were adopted under this chapter.
	SECTION 2.   This Act takes effect September 1, 2005.