1-1  By:  Brimer (Senate Sponsor - Harris)                 H.B. No. 2345
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 17, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 19, 1995, reported favorably by
    1-5  the following vote:  Yeas 8, Nays 0; May 19, 1995, sent to
    1-6  printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the regulation of slaughterers by a county; providing a
   1-10  penalty.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 240, Local Government Code, is amended by
   1-13  adding Subchapter D to read as follows:
   1-14               SUBCHAPTER D.  REGULATION OF SLAUGHTERERS
   1-15        Sec. 240.061.  DEFINITION.  In this subchapter, "slaughterer"
   1-16  has the meaning assigned by Section 148.001, Agriculture Code.
   1-17        Sec. 240.062.  APPLICABILITY.  This chapter applies only in
   1-18  the unincorporated area of a county if the county:
   1-19              (1)  contains two or more municipalities with a
   1-20  population of 250,000 or more; or
   1-21              (2)  is a county adjacent to a county described by
   1-22  Subdivision (1).
   1-23        Sec. 240.063.  LOCATION OF SLAUGHTERER.  The commissioners
   1-24  court of the county may prohibit the operations of a slaughterer:
   1-25              (1)  within 1,000 feet of a school or residence; or
   1-26              (2)  at any other location if the commissioners court
   1-27  finds that the operation of a slaughterer's business is
   1-28  incompatible with the existing land use of the neighboring area or
   1-29  would impose an undue hardship on persons residing or trading in
   1-30  the neighboring area.
   1-31        Sec. 240.064.  PERMIT REQUIRED.  The commissioners court may
   1-32  require that a slaughterer obtain a permit from the county before
   1-33  engaging in the slaughtering business in the county.  The
   1-34  commissioners court may set a fee to be paid for a permit.
   1-35        Sec. 240.065.  RULES.  The commissioners court may adopt
   1-36  rules as necessary to administer this chapter.
   1-37        Sec. 240.066.  INJUNCTION.  A district or county attorney may
   1-38  bring suit to enjoin the operations of a slaughterer in violation
   1-39  of this subchapter or a rule adopted by a county under this
   1-40  subchapter.
   1-41        Sec. 240.067.  OFFENSE.  A person commits an offense if a
   1-42  person violates a provision of this subchapter or a rule adopted
   1-43  under this subchapter.  An offense under this section is a Class C
   1-44  misdemeanor.
   1-45        SECTION 2.  This Act takes effect September 1, 1995.
   1-46        SECTION 3.  The importance of this legislation and the
   1-47  crowded condition of the calendars in both houses create an
   1-48  emergency and an imperative public necessity that the
   1-49  constitutional rule requiring bills to be read on three several
   1-50  days in each house be suspended, and this rule is hereby suspended.
   1-51                               * * * * *