81R3139 PAM-D
By: Quintanilla H.B. No. 736
A BILL TO BE ENTITLED
AN ACT
relating to authorizing county regulation of nuisances and
disorderly conduct.
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 236 to read as follows:
CHAPTER 236. COUNTY REGULATION OF NUISANCES AND DISORDERLY CONDUCT
Sec. 236.001. APPLICABILITY OF REGULATIONS. An order
adopted by a commissioners court under this chapter applies only in
the unincorporated area of the county.
Sec. 236.002. NUISANCE. The commissioners court of a
county by order may:
(1) abate and remove a nuisance and punish by fine the
person responsible for the nuisance;
(2) define and declare what constitutes a nuisance and
authorize and direct the summary abatement of the nuisance; and
(3) abate in any manner the commissioners court
considers expedient any nuisance that may injure or affect the
public health or comfort.
Sec. 236.003. DISORDERLY CONDUCT. (a) The commissioners
court of a county by order may prevent and may punish a person
engaging in:
(1) trespass or breach of the peace;
(2) assault, battery, fighting, or quarreling;
(3) use of abusive, obscene, profane, or insulting
language; or
(4) other disorderly conduct.
(b) The commissioners court of a county by order may:
(1) suppress or prevent any riot, affray, noise,
disturbance, or disorderly assembly in any public or private place
in the county;
(2) restrain or prohibit any amusement or practice
tending to annoy persons passing on a street or sidewalk, including
the firing of firecrackers or guns, the use of a bicycle or similar
conveyance, and the use of a firework or similar material; or
(3) restrain or prohibit any noise, practice, or
performance directed to persons on a street or sidewalk, including
ringing bells, blowing horns, or hawking goods, by an auctioneer or
other person for the purpose of business, amusement, or otherwise.
Sec. 236.004. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY
ORDER. If an order adopted by a commissioners court under this
chapter conflicts with an ordinance of a municipality, the
municipal ordinance prevails within the municipality's
jurisdiction to the extent of the conflict.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.