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.