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.