HBA-CMT H.B. 325 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 325
By: Oliveira
County Affairs
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Economically distressed counties face challenges in finding ways to
increase the standard of living for their residents.  As border counties,
shift from rural to urban, the need arises for counties to obtain broader
authority to control new development and address public service and
infrastructure requirements.  House Bill 325 authorizes designated counties
in economically distressed areas along the Mexican border to enact county
ordinances to protect the public health, safety, and welfare.  

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. 

ANALYSIS

House Bill 325 amends the Local Government Code to authorize the
commissioners court of a county to enact ordinances consistent with state
law to protect the public health, safety, or welfare  that apply only to
the unincorporated area of a county.  If any ordinance adopted under these
provisions conflicts with an ordinance of a municipality, the municipal
ordinance prevails within the municipality's jurisdiction.   

The bill specifies that the provisions of the bill apply only to a county
that the Texas Department of Housing and Community Affairs (department)
determines: 

_has both a per capita income that averaged 25 percent below the state
average and an unemployment rate that averaged 25 percent above the state
average for the most recent three consecutive years for which statistics
are available; and 

_has any part of its territory located within 50 miles of an international
border. 

The bill sets forth provisions governing the departments determination of
and notice of applicability of these provisions to a county.   

The bill provides that a county is entitled to appropriate injunctive
relief to prevent the occurrence or continuation of a violation or
threatened violation of an ordinance.  The bill specifies that a person who
violates a restriction or prohibition imposed by an ordinance commits a
Class C misdemeanor.  

The bill requires the department to publish and give notice of the initial
determinations by October 1, 2001. The Act applies to a county on a date
designated by the department, which must be at least 30 days after the
notification is given, but not later than November 1, 2001. 

EFFECTIVE DATE

September 1, 2001.