HBA-NLM H.B. 336 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 336
By: Seaman
County Affairs
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, coastal counties have specific authority in regard to activity
on beaches, however, those counties are not authorized to make general
ordinances for public beaches.  H.B. 336  creates Subchapter E (Regulation
of Activity on Beaches), Chapter 240, Local Government Code, authorizing
the commissioners courts of those counties to enact ordinances to regulate
activity on beaches for the purpose of protecting the public health or
safety.  In addition, this bill provides that a person commits a Class C
misdemeanor if the person violates a restriction or prohibition imposed by
an ordinance adopted under this chapter. 

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 Chapter 240, Local Government Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  REGULATION OF ACTIVITY ON BEACHES

Sec.  240.081.  APPLICATION OF CHAPTER TO COASTAL COUNTIES.  Provides that
this chapter applies only to a county that borders the Gulf of Mexico. 

Sec.  240.082.  ORDINANCE-MAKING POWER.  Authorizes the commissioners court
of the county to enact ordinances to regulate activity on beaches for the
purpose of protecting the public health or safety.  Specifies that
ordinances adopted under this chapter must be consistent with state law and
apply only to the unincorporated area of the county. 

Sec.  240.083.  MUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDINANCE.
Provides that in the event of conflict, a municipal ordinance prevails over
an ordinance adopted under this chapter to the extent of the conflict. 

Sec. 240.084.  EXISTING COUNTY AUTHORITY UNAFFECTED.  Specifies that the
authority granted by this chapter bears no impact on the authority of the
commissioners court to adopt an order or ordinance under other law. 

Sec.  240.085.  INJUNCTION.  Entitles a county to appropriate injunctive
relief to prevent or stop  violation or threatened violation of an
ordinance adopted under this chapter, in a suit brought by the county
attorney or prosecuting attorney representing the county in district court. 

Sec.  240.086.  PENALTY.  Provides that a person commits a Class C
misdemeanor if the person violates a restriction or prohibition imposed by
an ordinance adopted under this chapter. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.