HBA-NLM H.B. 588 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 588
By: West, George
County Affairs
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, county officials are not authorized to enact ordinances.
H.B. 588  creates a new chapter in the Local Government Code to authorize a
commissioners court to enact ordinances to protect the public health,
safety, or welfare of county residents and to provide that an ordinance
adopted under this chapter applies only to the unincorporated area of the
county. 

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.  Authorizes the commissioners
court of a county to enact ordinances to protect the public health, safety,
or welfare.  Provides that an ordinance adopted under this chapter applies
only to the unincorporated area of the county. 

Sec. 232A.002.  PENALTY.  Provides that it is a Class C misdemeanor if a
person commits an offense which violates an ordinance adopted under this
chapter.  Provides that it is a Class B misdemeanor if it is shown on trial
that the person committing an offense under this section has previously
been convicted of an offense under this section. 

Sec. 232A.003. INJUNCTION. Entitles the county 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 representing 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.
Establishes that in the event of a conflict, the municipal ordinance
prevails over an ordinance adopted under this section to the extent of the
conflict. 

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

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