By Brimer                                             H.B. No. 2345
       74R6706 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of slaughterers by a county; providing a
    1-3  penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 240, Local Government Code, is amended by
    1-6  adding Subchapter D to read as follows:
    1-7               SUBCHAPTER D.  REGULATION OF SLAUGHTERERS
    1-8        Sec. 240.061.  DEFINITION.  In this subchapter, "slaughterer"
    1-9  has the meaning assigned by Section 148.001, Agriculture Code.
   1-10        Sec. 240.062.  APPLICABILITY.  This chapter applies only in
   1-11  the unincorporated area of a county.
   1-12        Sec. 240.063.  LOCATION OF SLAUGHTERER.  The commissioners
   1-13  court of a county may prohibit the operations of a slaughterer:
   1-14              (1)  within 1,000 feet of a school or residence; or
   1-15              (2)  at any other location if the commissioners court
   1-16  finds that the operation of a slaughterer's business is
   1-17  incompatible with the existing land use of the neighboring area or
   1-18  would impose an undue hardship on persons residing or trading in
   1-19  the neighboring area.
   1-20        Sec. 240.064.  PERMIT REQUIRED.  The commissioners court of a
   1-21  county may require that a slaughterer obtain a permit from the
   1-22  county before engaging in the slaughtering business in the county.
   1-23  The commissioners court may set a fee to be paid for a permit.
   1-24        Sec. 240.065.  RULES.  The county commissioners court may
    2-1  adopt rules as necessary to administer this chapter.
    2-2        Sec. 240.066.  INJUNCTION.  A district or county attorney may
    2-3  bring suit to enjoin the operations of a slaughterer in violation
    2-4  of this subchapter or a rule adopted by a county under this
    2-5  subchapter.
    2-6        Sec. 240.067.  OFFENSE.  A person commits an offense if a
    2-7  person violates a provision of this subchapter or a rule adopted
    2-8  under this subchapter.  An offense under this section is a Class C
    2-9  misdemeanor.
   2-10        SECTION 2.  This Act takes effect September 1, 1995.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.