By: Ratliff S.B. No. 1910
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of poultry operations.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 26, Water Code, is amended by adding
1-4 Subchapter H to read as follows:
1-5 SUBCHAPTER H. POULTRY OPERATIONS
1-6 Sec. 26.301. DEFINITIONS. In this subchapter:
1-7 (1) "Confined poultry operation" means a concentrated
1-8 poultry facility:
1-9 (A) that is operated for meat or egg production
1-10 or for growing, stabling, or housing poultry; and
1-11 (B) in which:
1-12 (i) poultry are confined in pens or houses
1-13 and fed; and
1-14 (ii) crops or forage are not grown and
1-15 feed is not produced.
1-16 (2) "Poultry" means chickens or ducks being raised or
1-17 kept on any premises in the state for profit.
1-18 (3) "Poultry carcass" means the carcass, or part of a
1-19 carcass, of poultry that died as a result of a cause other than
1-20 intentional slaughter for use for human consumption.
1-21 (4) "Poultry facility" means a facility that:
1-22 (A) is used to raise, grow, feed, or otherwise
1-23 produce poultry for commercial purposes; or
2-1 (B) is a commercial poultry hatchery that is
2-2 used to produce baby poultry.
2-3 (5) "Poultry litter" includes poultry excrement,
2-4 bedding, and feed waste from a confined poultry operation.
2-5 (6) "Provider" means a person who provides poultry
2-6 litter to a user.
2-7 (7) "User" means a person who applies poultry litter
2-8 to land.
2-9 (8) "Wastewater" means water, including water used in
2-10 a poultry operation and rainfall runoff, that contains poultry
2-11 litter or is contaminated by poultry litter.
2-12 Sec. 26.302. EXEMPTION. This subchapter does not apply to a
2-13 person whose flock of poultry in a confined poultry operation does
2-14 not average more than 3,000 birds per day for a 90-day period
2-15 unless the commission determines, on notice and hearing, that the
2-16 method of disposal of poultry waste used by the person poses a
2-17 threat of disease.
2-18 Sec. 26.303. REGISTRATION WITH COMMISSION. (a) A person
2-19 shall register with the commission if the person:
2-20 (1) operates a poultry facility; or
2-21 (2) transports poultry carcasses or poultry litter
2-22 from a poultry facility to a point of disposal.
2-23 (b) A person who is described by Subsections (a)(1) and (2)
2-24 may submit a single registration.
2-25 (c) The commission may impose a registration fee not to
3-1 exceed $50.
3-2 Sec. 26.304. COMMISSION RULES. The commission shall adopt
3-3 rules to implement this subchapter, including rules regarding
3-4 registration procedures, registration fees, and enforcement
3-5 procedures.
3-6 Sec. 26.305. REGULATION OF POULTRY FACILITIES. A person who
3-7 owns or operates a poultry facility shall ensure that the facility
3-8 is adequately equipped for handling and disposal of poultry
3-9 carcasses, poultry litter, and other poultry waste regardless of
3-10 whether the person owns the poultry.
3-11 Sec. 26.306. HANDLING AND DISPOSAL OF POULTRY CARCASSES.
3-12 (a) The commission by rule shall adopt requirements for the safe
3-13 and adequate handling, storage, transportation, and disposal of
3-14 poultry carcasses. The rules must:
3-15 (1) specify the acceptable methods for disposal of
3-16 poultry carcasses, including:
3-17 (A) placement in a landfill permitted by the
3-18 commission to receive municipal solid waste;
3-19 (B) composting;
3-20 (C) cremation or incineration;
3-21 (D) extrusion;
3-22 (E) on-farm freezing;
3-23 (F) rendering; and
3-24 (G) cooking for swine food;
3-25 (2) prohibit the disposal of poultry carcasses on the
4-1 site of a poultry facility by pit burial, dumping, or similar means
4-2 except in the case of a major die-off;
4-3 (3) require poultry carcasses stored on the site of a
4-4 poultry facility to be stored in a sealed, varmint-proof receptacle
4-5 to prevent odor, leakage, or spillage; and
4-6 (4) require poultry carcasses stored on the site of a
4-7 poultry facility for more than 30 hours to be stored in a
4-8 receptacle that is refrigerated to a constant temperature of 40
4-9 degrees Fahrenheit or less.
4-10 (b) A person must obtain any permit required by other law to
4-11 dispose of poultry carcasses as provided by Subsection (a)(1).
4-12 Sec. 26.307. HANDLING AND DISPOSAL OF POULTRY LITTER.
4-13 (a) A person who transports poultry litter shall ensure that the
4-14 poultry litter does not leak, spill, or otherwise emanate from the
4-15 transportation vessel.
4-16 (b) The commission by rule shall require a provider to
4-17 maintain records on site until the third anniversary of the date
4-18 the poultry litter is delivered to a user. The records must
4-19 include:
4-20 (1) the volume by cubic yard of poultry litter
4-21 delivered to each user in each delivery;
4-22 (2) the date poultry litter is land applied;
4-23 (3) the volume by cubic yard of poultry litter land
4-24 applied;
4-25 (4) the location and size of the area to which poultry
5-1 litter is land applied; and
5-2 (5) any other information required by the commission.
5-3 (c) The commission by rule shall require the operator of a
5-4 poultry facility to maintain records on site. The records must
5-5 include:
5-6 (1) the name of each provider that removes poultry
5-7 litter from the facility;
5-8 (2) the date the provider removes poultry litter from
5-9 the facility; and
5-10 (3) the volume by cubic yard of poultry litter removed
5-11 by the provider from the facility.
5-12 (d) The records required by this section shall be made
5-13 available to the executive director on request.
5-14 (e) This section does not limit the power of the commission
5-15 to regulate poultry facilities or poultry litter under other law.
5-16 Sec. 26.308. LAND APPLICATION OF POULTRY LITTER. (a) The
5-17 commission by rule shall specify best management practices for the
5-18 land application of poultry litter. The rules must prohibit
5-19 application of poultry litter:
5-20 (1) to soil that is frozen, saturated, or subject to
5-21 excessive erosion;
5-22 (2) near a water well, water outcropping, or dwelling;
5-23 and
5-24 (3) at an agronomic rate that may overload the level
5-25 of phosphorus or nitrogen in the soil or in water runoff, taking
6-1 into consideration the frequency of application, tilling,
6-2 terracing, construction of dikes, berms, or ditches, or use of
6-3 other similar methods where necessary to prevent runoff into
6-4 watercourses.
6-5 (b) If the commission determines that a user has applied
6-6 poultry litter in violation of a rule under Subsection (a), the
6-7 commission may prohibit a provider from delivering additional
6-8 litter to the user.
6-9 Sec. 26.309. ENFORCEMENT. (a) The commission's employees
6-10 and agents may enter any premises on which poultry is produced,
6-11 stored, or disposed of to conduct an inspection or otherwise
6-12 enforce compliance with this subchapter.
6-13 (b) The commission may contract with a water district
6-14 created under Section 59, Article XVI, Texas Constitution, except
6-15 for any district with jurisdiction in six or more counties provided
6-16 the water district may not promulgate fees or additional rules.
6-17 SECTION 2. (a) Except as provided by Subsection (b) of this
6-18 section, this Act takes effect March 1, 1998.
6-19 (b) Section 26.306, Water Code, as added by this Act, takes
6-20 effect March 1, 1999.
6-21 SECTION 3. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.