| 1 | 1 | | 81R13866 PAM-D |
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| 2 | 2 | | By: Coleman H.B. No. 3735 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing counties to enact ordinances to protect the |
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| 8 | 8 | | public health, safety, or welfare; providing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 230 to read as follows: |
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| 12 | 12 | | CHAPTER 230. GENERAL REGULATORY AUTHORITY OF COUNTIES |
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| 13 | 13 | | Sec. 230.001. ORDINANCE-MAKING POWER. (a) The |
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| 14 | 14 | | commissioners court of a county may enact ordinances to protect the |
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| 15 | 15 | | public health, safety, or welfare. |
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| 16 | 16 | | (b) An ordinance adopted under this chapter applies only to |
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| 17 | 17 | | the unincorporated area of the county. |
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| 18 | 18 | | Sec. 230.002. FEES. The commissioners court of a county may |
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| 19 | 19 | | impose reasonable fees on persons who are subject to an ordinance as |
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| 20 | 20 | | necessary to produce sufficient revenue to pay the costs of |
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| 21 | 21 | | administering the ordinance. |
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| 22 | 22 | | Sec. 230.003. PENALTY. (a) A person commits an offense if |
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| 23 | 23 | | the person violates an ordinance adopted under this chapter. |
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| 24 | 24 | | (b) An offense under this section is a Class C misdemeanor. |
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| 25 | 25 | | If it is shown on the trial of an offense under this section that the |
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| 26 | 26 | | person has previously been convicted of an offense under this |
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| 27 | 27 | | section, the offense is a Class B misdemeanor. |
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| 28 | 28 | | Sec. 230.004. INJUNCTION. The county is entitled to |
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| 29 | 29 | | injunctive relief to prevent a violation or threatened violation of |
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| 30 | 30 | | an ordinance adopted under this chapter. The county attorney or |
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| 31 | 31 | | another prosecuting attorney authorized to represent the county in |
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| 32 | 32 | | the district court may represent the county in a suit filed under |
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| 33 | 33 | | this section. |
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| 34 | 34 | | Sec. 230.005. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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| 35 | 35 | | ORDINANCE. If an ordinance adopted under this chapter conflicts |
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| 36 | 36 | | with a municipal ordinance, the municipal ordinance prevails within |
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| 37 | 37 | | the municipality's jurisdiction to the extent of the conflict. |
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| 38 | 38 | | Sec. 230.006. OTHER COUNTY ORDINANCE-MAKING AUTHORITY |
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| 39 | 39 | | REPLACED. (a) The ordinance-making authority granted by this |
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| 40 | 40 | | chapter replaces the authority of a commissioners court to adopt |
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| 41 | 41 | | under other law orders or ordinances that apply in the |
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| 42 | 42 | | unincorporated area of the county and that relate to the public |
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| 43 | 43 | | health, safety, or welfare. |
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| 44 | 44 | | (b) An order or ordinance adopted under the other law before |
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| 45 | 45 | | the effective date of this chapter is not affected by this chapter |
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| 46 | 46 | | and is continued in effect as if it were adopted under this chapter. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2009. |
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