BILL ANALYSIS H.B. 1757 By: Patterson (Lucio) Natural Resources 05-18-95 Senate Committee Report (Unamended) BACKGROUND In 1981, the legislature passed the "Right to Farm" law. One of the provisions of this law prohibits a city that annexes an agricultural operation from regulating the operation unless it is necessary to protect public health. There is no provision that requires a city to substantiate that an agricultural operation is a health hazard. PURPOSE As proposed, H.B. 1757 authorizes a governmental requirement on an agricultural operation to be imposed only after the city's governing body makes findings, by resolution, that the requirement is necessary to protect public health. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 251.005(c), Agriculture Code, to authorize a governmental requirement on an agricultural operation to be imposed under this subsection only after the city's governing body makes findings, by resolution, that the requirement is necessary to protect public health. Requires the city's governing body, before making findings as to the necessity of the requirement, to use the city health officer's services or employ a consultant to prepare a report to identify the health hazards related to agricultural operations and determine the necessity of regulation and manner in which agricultural operations should be regulated. SECTION 2. Emergency clause. Effective date: upon passage.