74R8944 PAM-D
          By Patterson                                          H.B. No. 1757
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal regulation of certain agricultural
    1-3  operations, including facilities that breed animals and fowl.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 251.005(c), Agriculture Code, is amended
    1-6  to read as follows:
    1-7        (c)  A governmental requirement of a city does not apply to
    1-8  any agricultural operation situated outside the corporate
    1-9  boundaries of the city on the effective date of this chapter.  If
   1-10  an agricultural operation so situated is subsequently annexed or
   1-11  otherwise brought within the corporate boundaries of the city, the
   1-12  governmental requirements of the city do not apply to the
   1-13  agricultural operation unless the requirement is reasonably
   1-14  necessary to protect persons who reside in the immediate vicinity
   1-15  or persons on public property in the immediate vicinity of the
   1-16  agricultural operation from the danger of explosion, flooding,
   1-17  vermin, insects, physical injury, contagious disease, removal of
   1-18  lateral or subjacent support, contamination of water supplies,
   1-19  radiation, storage of toxic materials, discharge of firearms, or
   1-20  traffic hazards.  A governmental requirement may be imposed under
   1-21  this subsection only after the governing body of the city makes
   1-22  findings by resolution that the requirement is necessary to protect
   1-23  public health.  Before making findings as to the necessity of the
   1-24  requirement, the governing body of the city must use the services
    2-1  of the city health officer or employ a consultant to prepare a
    2-2  report to identify the health hazards related to agricultural
    2-3  operations and determine the necessity of regulation and manner in
    2-4  which agricultural operations should be regulated.
    2-5        SECTION 2.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and that this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.