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.