| TO: | Honorable Garnet Coleman, Chair, House Committee on County Affairs |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3735 by Coleman (Relating to authorizing counties to enact ordinances to protect the public health, safety, or welfare; providing a penalty.), As Introduced |
The bill would add Chapter 230 to the Local Government Code to authorize a county commissioners court to enact ordinances to protect the public health, safety, or welfare. The ordinances would apply only to the unincorporated area of the county. The commissioners court would be authorized to 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.
A violation of an ordinance would be a Class C misdemeanor. The county would also be entitled to injunctive relief to prevent a violation or threatened violation of an ordinance.
If a county ordinance under Chapter 230 conflicts with a municipal ordinance, the municipal ordinance would prevail. The ordinance-making authority of Chapter 230 would replace the authority of the commissioners court to adopt other law orders or ordinances that apply in the unincorporated area of the county that relate to public health, safety, or welfare.
| Source Agencies: |
| LBB Staff: | JOB, DB
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