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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing counties to enact ordinances to protect the |
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public health, safety, or welfare; providing a penalty. |
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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 230 to read as follows: |
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CHAPTER 230. GENERAL REGULATORY AUTHORITY OF COUNTIES |
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Sec. 230.001. ORDINANCE-MAKING POWER. (a) The |
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commissioners court of a county may enact ordinances to protect the |
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public health, safety, or welfare. |
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(b) An ordinance adopted under this chapter applies only to |
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the unincorporated area of the county. |
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Sec. 230.002. FEES. The commissioners court of a county may |
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impose reasonable fees on persons who are subject to an ordinance as |
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necessary to produce sufficient revenue to pay the costs of |
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administering the ordinance. |
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Sec. 230.003. PENALTY. (a) A person commits an offense if |
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the person violates an ordinance adopted under this chapter. |
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(b) An offense under this section is a Class C misdemeanor. |
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If it is shown on the trial of an offense under this section that the |
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person has previously been convicted of an offense under this |
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section, the offense is a Class B misdemeanor. |
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Sec. 230.004. INJUNCTION. The county is entitled to |
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injunctive relief to prevent a violation or threatened violation of |
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an ordinance adopted under this chapter. The county attorney or |
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another prosecuting attorney authorized to represent the county in |
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the district court may represent the county in a suit filed under |
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this section. |
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Sec. 230.005. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDINANCE. If an ordinance adopted under this chapter conflicts |
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with a municipal ordinance, the municipal ordinance prevails within |
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the municipality's jurisdiction to the extent of the conflict. |
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Sec. 230.006. OTHER COUNTY ORDINANCE-MAKING AUTHORITY |
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REPLACED. (a) The ordinance-making authority granted by this |
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chapter replaces the authority of a commissioners court to adopt |
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under other law orders or ordinances that apply in the |
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unincorporated area of the county and that relate to the public |
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health, safety, or welfare. |
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(b) An order or ordinance adopted under the other law before |
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the effective date of this chapter is not affected by this chapter |
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and is continued in effect as if it were adopted under this chapter. |
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SECTION 2. This Act takes effect September 1, 2009. |