BILL ANALYSIS



C.S.H.B. 2345
By: Brimer
4-26-95
Committee Report (Substituted)


BACKGROUND

Zoning restrictions are usually implemented to benefit the
residents of an area by encouraging favorable land use.  That is,
zoning secures property values and aids in maintaining the safety
and attractiveness of a community by prohibiting undesirable
establishments (e.g. nude bars, tattoo parlors etc.) from locating
within a jurisdiction.  Unfortunately, residents in the
unincorporated areas of many counties are not afforded this
safeguard.  Because counties do not have zoning power,
unincorporated neighborhoods are particularly vulnerable to
unwanted externalities associated with some businesses.

Citizens in the community of Mansfield, Texas recently became
outraged when a "do-it-yourself" slaughterhouse relocated to their
community.  The facility is located in close proximity to a church
and residential area.  Due to the nature of this "do-it-yourself"
slaughterhouse, it is difficult to meet sanitation requirements. 
As a result of the slaughterhouse's location and the manner in
which it operates, numerous questions developed concerning the
health of residents in the area.  The main fear was contamination
of the water supply.  In addition, complaints were registered
regarding foul odors and horrendous noises emanating from animals
that were being slaughtered.  These actions are not conducive to a
proper family environment nor to the religious setting around which
it is located.

PURPOSE

This bill grants the Commissioners' Court of certain counties the
authority to restrict operation of slaughterhouses in
unincorporated areas so that the slaughterhouse is not within 1,000
feet of a school or residence.  Possible threat of injunctive
proceedings and/or fines resulting from noncompliance with the
provisions of this bill should compel operators to conduct their
operations in a responsible manner.

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 Chapter 240, Local Government Code, by adding Subchapter D.

     Sec. 240.061 defines the term slaughterer.

     Sec. 240.062 specifies that this chapter only applies in the
unincorporated area of a county if the county contains two or more
municipalities with a population of 250,000 or more, or is adjacent
to a county described by Subdivision (1).

     Sec. 240.063 allows the commissioners court to prohibit the
operations of a slaughterer within 1,000 feet of a school or
residence, or at any other location if the commissioners court
finds that the operation of a slaughterer's business is
incompatible with the existing land use or would impose an undue
hardship on persons residing or trading in the neighboring area.

     Sec. 240.064 allows the commissioners court to require that a
permit be obtained for slaughtering operations.

     Sec. 240.065 allows the commissioners court to adopt
additional provisions it deems warranted to execute this chapter.

     Sec. 240.066 permits injunctive measures to be initiated by a
district or county attorney.

     Sec. 240.067 makes any action that violates the conditions of
this subchapter a Class C misdemeanor.


Section 2. Effective Date


Section 3. Emergency Clause


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute adds language to Sec. 240.062 which makes
the bill apply to a county that contains two or more municipalities
with a population of 250,000 or more or is adjacent to a county
described by Subdivision (1).

SUMMARY OF COMMITTEE ACTION

HB 2345 was considered by the County Affairs Committee in a public
hearing on 4/19/95. Representative Brimer opened. The following
people testified for HB 2345: Roy Brooks, representing himself and
Tarrant County Precinct #1; and Alcee Chriss, Jr., representing the
Community Improvement Organization. Representative Brimer closed.
HB 2345 was left pending. HB 2345 was considered by the County
Affairs Committee in a public hearing 4/26/95. The committee
considered a complete committee substitute to HB 2345. The
committee substitute was adopted without objection. HB 2345 was
reported favorably, as substituted, with the recommendation that it
do pass and be printed, by the record vote of 7 ayes, 0 nays, 0
pnv, 2 absent.