81R13866 PAM-D
By: Coleman H.B. No. 3735
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, 2009.