Title
Resolution - A Resolution of the City Council of the City of Mansfield, Texas, Adopting a Report Prepared by the City Health Officer in Accordance with the Texas Agriculture Code, Title 8, Chapter 251, Section 251.0055, "Limitations on City Governmental Requirements Applicable Within Corporate Boundaries"; Making Certain Findings as Required by Chapter 251 of the Agriculture Code; Providing for the Incorporation of Premises; Finding that the Meeting at which this Resolution is Passed is Open to the Public as Required by Law; And Declaring an Effective Date
Requested Action
Adoption of the City Health Officer Report in accordance with the Texas Agriculture Code, Title 8, Chapter 251.005.
Recommendation
Adoption of the City Health Officer Report in accordance with the Texas Agriculture Code, Title 8, Chapter 251.005.
Description/History
The State of Texas Legislature adopted House Bill (H.B.) No. 1750 during the 88th Legislative Session (Regular), accomplishing the following:
1. Made small amendments to the expand the definition of “agricultural operation”;
2. Made the limitations on city regulations apply to all “agricultural operations” located within the City, rather than those annexed in the future; and
3. Expanded the requirements for a City to adopt any “governmental requirement” that applies to an “agricultural operation”.
Most notable of this new legislation is that a City “may not impose a ‘governmental requirement’ that applies to ‘agricultural operations’ located within the city unless” the City meets the expanded requirements of the Act. These expanded requirements were introduced by adding Section 251.0055, requiring city governmental requirements within corporate boundaries to support all requirements with a report by a City Health Officer.
The expanded definition of “agricultural operation” includes the raising or keeping of livestock and poultry, of which the City of Mansfield Code of Ordinances addressed in its regulations at the time...
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