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