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) "Poultry" means chickens or ducks being raised or 1-8 kept on any premises in the state for profit. 1-9 (2) "Poultry carcass" means the carcass, or part of a 1-10 carcass, of poultry that died as a result of a cause other than 1-11 intentional slaughter for use for human consumption. 1-12 (3) "Poultry facility" means a facility that: 1-13 (A) is used to raise, grow, feed, or otherwise 1-14 produce poultry for commercial purposes; or 1-15 (B) is a commercial poultry hatchery that is 1-16 used to produce chicks or ducklings. 1-17 (4) "Poultry litter" includes poultry excrement, 1-18 bedding, and feed waste. 1-19 Sec. 26.302. REGULATION OF POULTRY FACILITIES. A person who 1-20 owns or operates a poultry facility shall ensure that the facility 1-21 has adequate means or is adequately equipped to handle and dispose 1-22 of poultry carcasses, poultry litter, and other poultry waste 1-23 regardless of whether the person owns the poultry. 2-1 Sec. 26.303. HANDLING AND DISPOSAL OF POULTRY CARCASSES. 2-2 (a) The commission by rule shall adopt requirements for the safe 2-3 and adequate handling, storage, transportation, and disposal of 2-4 poultry carcasses. The rules must: 2-5 (1) specify the acceptable methods for disposal of 2-6 poultry carcasses, including: 2-7 (A) placement in a landfill permitted by the 2-8 commission to receive municipal solid waste; 2-9 (B) composting; 2-10 (C) cremation or incineration; 2-11 (D) extrusion; 2-12 (E) on-farm freezing; 2-13 (F) rendering; 2-14 (G) cooking for swine food; and 2-15 (H) any other method the commission determines 2-16 to be appropriate; 2-17 (2) require poultry carcasses stored on the site of a 2-18 poultry facility to be stored in a varmint-proof receptacle to 2-19 prevent odor, leakage, or spillage; 2-20 (3) prohibit the storage of poultry carcasses on the 2-21 site of a poultry facility for more than 72 hours; and 2-22 (4) authorize the on-site burial of poultry carcasses 2-23 only in the event of a major die-off that exceeds the capacity of a 2-24 poultry facility to handle and dispose of poultry carcasses by the 2-25 normal means used by the facility. 3-1 (b) A person must obtain any permit required by other law 3-2 before disposing of poultry carcasses as provided by Subsection 3-3 (a)(1). 3-4 SECTION 2. (a) This Act takes effect March 1, 1998. 3-5 (b) A rule adopted under Subsection (a), Section 26.303, 3-6 Water Code, as added by this Act, takes effect on the later of: 3-7 (1) the date the rule is adopted; or 3-8 (2) March 1, 1999. 3-9 SECTION 3. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1910 passed the Senate on April 30, 1997, by a viva-voce vote; and that the Senate concurred in House amendment on May 31, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1910 passed the House, with amendment, on May 28, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor