1-1  By:  Patterson (Senate Sponsor - Lucio)               H.B. No. 1757
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on
    1-4  Natural Resources; May 17, 1995, reported favorably by the
    1-5  following vote:  Yeas 10, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to municipal regulation of certain agricultural
    1-9  operations, including facilities that breed animals and fowl.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 251.005(c), Agriculture Code, is amended
   1-12  to read as follows:
   1-13        (c)  A governmental requirement of a city does not apply to
   1-14  any agricultural operation situated outside the corporate
   1-15  boundaries of the city on the effective date of this chapter.  If
   1-16  an agricultural operation so situated is subsequently annexed or
   1-17  otherwise brought within the corporate boundaries of the city, the
   1-18  governmental requirements of the city do not apply to the
   1-19  agricultural operation unless the requirement is reasonably
   1-20  necessary to protect persons who reside in the immediate vicinity
   1-21  or persons on public property in the immediate vicinity of the
   1-22  agricultural operation from the danger of explosion, flooding,
   1-23  vermin, insects, physical injury, contagious disease, removal of
   1-24  lateral or subjacent support, contamination of water supplies,
   1-25  radiation, storage of toxic materials, discharge of firearms, or
   1-26  traffic hazards.  A governmental requirement may be imposed under
   1-27  this subsection only after the governing body of the city makes
   1-28  findings by resolution that the requirement is necessary to protect
   1-29  public health.  Before making findings as to the necessity of the
   1-30  requirement, the governing body of the city must use the services
   1-31  of the city health officer or employ a consultant to prepare a
   1-32  report to identify the health hazards related to agricultural
   1-33  operations and determine the necessity of regulation and manner in
   1-34  which agricultural operations should be regulated.
   1-35        SECTION 2.  The importance of this legislation and the
   1-36  crowded condition of the calendars in both houses create an
   1-37  emergency and an imperative public necessity that the
   1-38  constitutional rule requiring bills to be read on three several
   1-39  days in each house be suspended, and this rule is hereby suspended,
   1-40  and that this Act take effect and be in force from and after its
   1-41  passage, and it is so enacted.
   1-42                               * * * * *