By Patterson                                          H.B. No. 1757
       74R662 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to municipal regulation of facilities that breed animals
    1-3  and fowl.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 215, Local Government Code,
    1-6  is amended by adding Section 215.005 to read as follows:
    1-7        Sec. 215.005.  BREEDING FACILITIES.  (a)  To protect
    1-8  residents of a municipality from health hazards related to
    1-9  unsanitary conditions that may exist in connection with breeding
   1-10  facilities, the municipality by ordinance may regulate the manner
   1-11  of operation of breeding facilities located within the limits of
   1-12  the municipality.
   1-13        (b)  An ordinance authorized by this section may be adopted
   1-14  only after the governing body of the municipality makes findings by
   1-15  resolution that an ordinance regulating the manner of operation of
   1-16  breeding facilities is reasonable and necessary to protect public
   1-17  health.  An ordinance adopted under this section may not overly
   1-18  penalize a particular segment of the breeding industry or impose an
   1-19  undue burden on small breeding facilities.
   1-20        (c)  Before making findings as to the reasonableness and
   1-21  necessity of adopting an ordinance authorized by this section, the
   1-22  governing body of the municipality must use the services of
   1-23  municipal employees or employ consultants to prepare a report to
   1-24  identify the potential health hazards related to breeding
    2-1  facilities and determine the necessity of regulation and manner in
    2-2  which breeding facilities should be regulated.
    2-3        (d)  In this section, "breeding facility" means a facility
    2-4  used to breed animals or fowl as a business venture and includes a
    2-5  facility that raises or keeps animals or fowl in connection with
    2-6  breeding operations.
    2-7        SECTION 2.  An ordinance regulating breeding facilities that
    2-8  was adopted before the effective date of this Act may not be
    2-9  enforced on or after the effective date of this Act.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.