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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing county regulation of nuisances and |
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disorderly conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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amended by adding Chapter 236 to read as follows: |
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CHAPTER 236. COUNTY REGULATION OF NUISANCES AND DISORDERLY CONDUCT |
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Sec. 236.001. APPLICABILITY OF REGULATIONS. An order |
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adopted by a commissioners court under this chapter applies only in |
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the unincorporated area of the county. |
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Sec. 236.002. NUISANCE. The commissioners court of a |
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county by order may: |
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(1) abate and remove a nuisance and punish by fine the |
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person responsible for the nuisance; |
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(2) define and declare what constitutes a nuisance and |
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authorize and direct the summary abatement of the nuisance; and |
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(3) abate in any manner the commissioners court |
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considers expedient any nuisance that may injure or affect the |
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public health or comfort. |
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Sec. 236.003. DISORDERLY CONDUCT. (a) The commissioners |
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court of a county by order may prevent and may punish a person |
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engaging in: |
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(1) trespass or breach of the peace; |
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(2) assault, battery, fighting, or quarreling; |
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(3) use of abusive, obscene, profane, or insulting |
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language; or |
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(4) other disorderly conduct. |
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(b) The commissioners court of a county by order may: |
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(1) suppress or prevent any riot, affray, noise, |
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disturbance, or disorderly assembly in any public or private place |
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in the county; |
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(2) restrain or prohibit any amusement or practice |
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tending to annoy persons passing on a street or sidewalk, including |
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the firing of firecrackers or guns, the use of a bicycle or similar |
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conveyance, and the use of a firework or similar material; or |
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(3) restrain or prohibit any noise, practice, or |
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performance directed to persons on a street or sidewalk, including |
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ringing bells, blowing horns, or hawking goods, by an auctioneer or |
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other person for the purpose of business, amusement, or otherwise. |
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Sec. 236.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDER. If an order adopted by a commissioners court under this |
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chapter conflicts with an ordinance of a municipality, the |
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municipal ordinance prevails within the municipality's |
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jurisdiction to the extent of the conflict. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |