74R8944 PAM-D By Patterson H.B. No. 1757 Substitute the following for H.B. No. 1757: By Hawley C.S.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.