HBA-MPA H.B. 3781 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3781
By: Cuellar
County Affairs
4/26/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, counties have limited regulatory authority in controlling
environmental, public health, and safety matters.  Home-rule cities have
extensive authority to act on these matters by adopting regulatory
ordinances.  This can have the effect of leading the regulated entity or
person to conduct the activity into the unincorporated areas of the county,
which has only limited means to regulate. H.B. 3781 permits counties to
enact regulations on matters affecting the environment, public health and
safety. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 7, Local Government Code, by adding
Chapter 232A, as follows: 

CHAPTER 232A.  GENERAL REGULATORY AUTHORITY OF COUNTIES

Sec. 232A.001.  ORDINANCE-MAKING POWER.  (a) Authorizes the commissioners
court of a county to enact ordinances to protect the public health, safety,
or welfare. 

(b) Provides that an ordinance  adopted under this chapter applies only to
the unincorporated areas of the county. 

Sec. 232A.002.  PENALTY.  (a) Provides that a person commits an offense if
the person violates an ordinance adopted under this chapter. 

(b) Provides that an offense under this section is a Class C misdemeanor.
Provides that the offense is a Class B misdemeanor if it can be shown at
trial that the person had previously been convicted of an offense under
this section. 

Sec. 232A.003.  INJUNCTION.  Provides that the county is entitled to
injunctive relief to prevent a violation or threatened violation of an
ordinance adopted under this chapter. Authorizes the county attorney or
another prosecuting attorney authorized to represent the county in the
district court to represent the county in a suit filed under this section. 

Sec. 232A.004.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDINANCE.
Provides that a municipal ordinance prevails within the municipality's
jurisdiction to the extent of the conflict. 

Sec. 232A.005.  EXISTING COUNTY ORDINANCE-MAKING AUTHORITY. Provides that
the ordinance-making authority granted by this chapter replaces the
authority of a commissioners court to adopt orders or enact ordinances
under other laws. 

SECTION 2.Emergency clause.
  Effective date: 90 days after adjournment.