BILL ANALYSIS


                                                        H.B. 2345
                                              By: Brimer (Harris)
                                      Intergovernmental Relations
                                                          5-24-95
                              Senate Committee Report (Unamended)
BACKGROUND

Zoning restrictions are usually implemented to benefit the
residents of an area by encouraging favorable land use (i.e.
securing property values and maintaining the safety and
attractiveness of a community) by prohibiting undesirable
establishments from locating within a jurisdiction.  Some counties
do not having zoning power and thus, unincorporated neighborhoods
are particularly vulnerable to unwanted externalities associated
with some businesses.

Citizens in the community of Mansfield, Texas recently became
outraged when a slaughterhouse relocated to their community.  The
facility is located in close proximity to a church and residential
are.  Due to the nature of this slaughterhouse, it is difficult to
meet sanitation requirements.  As a result of the slaughterhouse 

PURPOSE

As proposed, H.B. 2345 authorizes the commissioners court of a
county to regulate slaughterers; provides a penalty.

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, as follows:

            SUBCHAPTER D.  REGULATION OF SLAUGHTERERS

     Sec. 240.061.  DEFINITION.  Defines "slaughterer."
     
     Sec. 240.062.  APPLICABILITY.  Provides that this chapter
     applies only 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 a county adjacent to a county
     described by Subdivision (1).
     
     Sec. 240.063.  LOCATION OF SLAUGHTERER.  Authorizes the
     commissioners court of a county 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 of the neighboring area or would impose an
     undue hardship on persons residing or trading in the
     neighboring area.
     
     Sec. 240.064.  PERMIT REQUIRED.  Authorizes the commissioners
     court to require that a slaughterer obtain a permit from the
     country before engaging in the slaughtering business in the
     county.  Authorizes the commissioners court to set a fee to be
     paid for a permit.
     
     Sec. 240.065.  RULES.  Authorizes the commissioners court to
     adopt rules as necessary to administer this chapter.
     
     Sec. 240.066.  INJUNCTION.  Authorizes a district or county
     attorney to bring suit to enjoin the operations of a
     slaughterer in violation of this subchapter or a rule adopted
     by a county under this subchapter.
     
     Sec. 240.067.  OFFENSE.  Provides that a person commits and
     offense if a person violates a provision of this subchapter or
     a rule adopted under this subchapter.  Provides that an
     offense under this section is a Class C misdemeanor.
     
     SECTION 2.     Effective date:  September 1, 1995.

SECTION 3. Emergency clause.