BILL ANALYSIS C.S.H.B. 1757 By: Pete Patterson April 6, 1995 Committee Report (Substituted) BACKGROUND The "Right to Farm" law was passed by the Texas Legislature in 1981. One of the provisions of the law is that a city which annexes an agricultural operation may not regulate the operation unless it is necessary to protect the public health. This law does not require a city to substantiate that the operation is a health hazard. Therefore, a city could unjustly force an operation out of business. PURPOSE This legislation requires a municipality to substantiate that an annexed agricultural operation is a health hazard before the municipality may regulate the operation. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 251.005(c), Agriculture Code. Sets forth that a city may impose a governmental requirement on an annexed agricultural operation only if the requirement is necessary to protect public health. Requires the city to provide a report by its health officer or a hired consultant, identifying the health hazards caused by the agricultural operation and how it should be regulated. The city must consider the report before enacting the governmental requirement. SECTION 2. Emergency Clause; effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The original legislation amended the Local Government Code instead of the Agriculture Code. H.B. 1757 restricted a city's ability to regulate breeding facilities, whereas the substitute includes all agricultural operations. H.B. 1757 addressed the regulation of breeding facilities in annexed or existing areas of a city, whereas the substitute only addresses annexed agricultural operations. SUMMARY OF COMMITTEE ACTION H.B. 1757 was considered by the committee in a public hearing on Tuesday, March 21, 1995. The committee considered a complete substitute for the bill. The following person testified in favor of the bill: Mr. Bill Clayton representing Citizens for the Preservation of Rural Lifestyles. The substitute was withdrawn. The bill was left pending. H.B. 1757 was considered by the committee in a public hearing on Tuesday, March 28, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.