SRC-ARR S.B. 1532 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1532
76R7252 DLF-FBy: Carona
Administration
3/22/1999
As Filed


DIGEST 

The Texas Renderers' Licensing Act, Chapter 144, Health and Safety Code,
has not been revised since the Legislature enacted it in 1969. Over the
last 29 years, the rendering industry has drastically changed and expanded,
including its technology, products and related potential public health
hazards.  S.B. 1532 regulates renderers in order to ensure that business,
under guidelines of the Texas Department of Health (TDH) are authorized to
track, document, identify vehicles and animals which are renderable from
origin to destination in the food supply chain, in order to better protect
public health.  

PURPOSE

As proposed, S.B. 1532 regulates renderers.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 144.002, Health and Safety Code, to redefine
"employee," "related station," "rendering business," "rendering
establishment," "renderable raw material," "recyclable cooking oil,"
renderable raw material hauler," "transfer station," "waste cooking
grease." 

SECTION 2. Amends Section 144.003(b), Health and Safety Code, to require
transfer stations to comply with this chapter. 

SECTION 3. Amends Section 144.011, Health and Safety Code, to prohibit a
person from operating or maintaining a transfer station without a transfer
station operating license issued by the Texas Department of Health
(department). Deletes text regarding rendering establishment. 

SECTION 4. Amends Section 144.012(a), Health and Safety Code, Prohibits
this chapter form applying to a person who disposes of their own animal,
unless the person also performs rendering operations or process.  Makes
conforming changes. 

SECTION 5. Amends Sections 144.013(a) and (f), Health and Safety Code, to
delete the provision requiring the hearing to be conducted not later than
the 30th day after the date of the request. Makes a conforming change. 

SECTION 6. Amends Section 144.021(b), Health and Safety Code, to authorize
the department to prescribe other reasonable and appropriate construction,
operational, maintenance, and inspection requirements to ensure compliance
with this chapter and applicable rules of the department. Deletes text
requiring each holder of an operating license to comply with the specific
operating procedures. 

SECTION 7. Amends Sections 144.022(a), (b), (c), and (e), Health and Safety
Code, to require each licensed rendering establishment, related station,
transfer station, dead animal hauler, or renderable raw material hauler to
have an operations, rather than dead animal, log that meets the
requirements prescribed by the department. Requires the licensed holder to
enter certain information when a dead animal or renderable raw material is
received. Makes conforming changes. Requires the license  holder to also
keep copies of each receipt, invoice, trip ticket, manifest, or other
document that evidences the receipt and delivery of the dead animal or
renderable raw material. Requires each record to be maintained under this
chapter to be maintained at the regular place of business of the license
holder until the first anniversary of the date on which the record was made
or for a longer period as directed by the department and to be made
available at that location for inspection on demand by the department.
Authorizes the department to prescribe other compliance and  applicable
rules. Deletes text regarding licensed renderable raw material hauler. 

SECTION 8. Amends Section 144.023, Health and Safety Code, as follows:

Sec. 144.023. New heading: VEHICLES; PERMIT REQUIRED. Requires a vehicle
used to transport dead animals or renderable raw materials to or from a
rendering establishment to comply with each applicable requirement for
operation on the public roads or highways, including applicable insurance
requirements and gross vehicle weight limitations. Prohibits the owner of a
vehicle from operating the vehicle on public roads and highways to haul
dead animals or renderable raw materials unless the owner holds a permit
for the vehicle issued by the department. Requires the owner to provide the
department certain information to obtain a permit for the vehicle from the
department. Requires the department to require that a dead animal or
renderable raw material hauling vehicle conspicuously display a permit
decal issued by the department and the number and license holder's name for
any operating license required under Section 144.011. Authorizes the
department, as a condition of issuance and maintenance of the permit, to
require that the vehicle comply with any other construction, operational,
maintenance, inspection, and marking requirements as prescribed by the
department.  

SECTION 9. Amends Section 144.024, Health and Safety Code, by adding
Subsection (d), to prohibit a person from contaminating or commingling
waste cooking grease or recyclable cooking oils with grease trap waste,
grit trap waste, or any other substance that would render the grease or
oils harmful or otherwise unsuitable for use as an ingredient in livestock
feed or in topical cosmetic products. 

SECTION 10. Amends Section 144.030, Health and Safety Code, to require a
container in which dead animals or renderable raw material are accumulated
by a producer at collecting points for pickup by a dead animal hauler or
renderable raw material hauler to remain in a secure location on the
premises at each collecting point. Requires the owner of the containers,
rather than producer of the materials, to maintain the containers in a
leak-proof, rather than clean, sanitary condition and to replace them as
necessary. Requires the transportation, delivery, transfer, loading, and
off-loading of dead animals and renderable raw materials to be performed in
a manner that prevents the release of animal parts and spills or leaks of
renderable raw materials from containers. Requires a release of dead animal
parts or spill or leak of renderable raw materials to immediately be
cleaned up and reported in the operations log required by Section 144.022.
Deletes text regarding rendering establishment. Deletes text regarding
containers of a producer.  

SECTION 11. Amends Section 144.031, Health and Safety Code, to prohibit a
person licensed under this chapter to purchase renderable raw materials
from a renderable raw material hauler who is not licensed under this
chapter. 

SECTION 12. Amends Section 144.041, Health and Safety Code, to prohibit a
person from not constructing a new transfer station or engaging in
construction involving an addition or replacement at a transfer station
without a construction permit issued by the department. Provides that
construction at a rendering business, rather than related station, is
subject to the construction and layout requirements established under
Subsection (a). Deletes text regarding construction conducted in connection
with construction at a rendering establishment.  

SECTION 13. Amends Section 144.042, Health and Safety Code, to provide that
a construction permit from the department for the construction of a new
rendering business, rather than establishment or new related station, or
for construction at a rendering business, rather than establishment or
related station, is not required if the cost to the rendering business,
establishment or related station, is less than $10,000. 
 
SECTION 14. Amends Sections 144.043(a) and (e), Health and Safety Code.
Makes conforming changes.  

SECTION 15. Amends Section 144.051, Health and Safety Code, to require
construction permit holders to comply with the specific requirements
established under this subchapter, except to the extent the department
grants a written variance from a requirement. Authorizes the department to
grant a variance from the requirements of this subchapter if the department
determines that construction or operational features established at a
rendering establishment will provide protection for public health and
safety equivalent to that afforded by the requirements of this subchapter.  

SECTION 16. Amends Sections 144.063(b) and (d), Health and Safety Code, to
require the department to set an annual renewal fee. Deletes provision
stating that the annual renewal fee is the same as the original license fee
for that license. Provides that if the renewal fee is not paid before the
expiration of the 15th day after the date on which written notice of
delinquency is given to the license holder by the department, the license
expires unless the department grants an extension, rather than license
holder showing good cause for failure to renew. 

SECTION 17. Amends Section 144.064, Health and Safety Code, as follows:

Sec. 144.064. New heading: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE OR
PERMIT; REINSTATEMENT. Authorizes the commissioner of health (commissioner)
to deny, suspend, or revoke an operating license, construction permit, or
renewal of an operating license or construction permit if the
(commissioner)  finds that the license holder or permit holder has violated
this chapter of a rule or order adopted under this chapter or did not
exercise due care to prevent the violation. Deletes provision regarding
period for correction. 

SECTION 18. Amends Sections 144.071(a) and (c), Health and Safety Code, to
require the department to inspect the place of business of each operating
license holder, the vehicles of each renderable raw material hauler, and
construction site of each construction permit holder, if construction is
continuing. Makes a conforming change. 

SECTION 19. Amends Section 144.072, Health and Safety Code, to require an
application for an operating license to be accompanied by an application
fee. Requires an application for a construction permit to be accompanied by
a fee. Requires construction permit fees to be based on the dollar value at
the cost to the rendering establishment or related station of the
construction. Requires an applicant for a vehicle permit under Section
14.023 to be accompanied by a permit fee for each vehicle for which a
permit is to be issued. Requires the department, by rule, to set the fees
authorized by this chapter in amounts that allow the department to recover
the annual expenditures of state funds in certain actions. Deletes
provisions regarding the application fee and schedule. Makes conforming
changes. 

SECTION 20. Amends Section 144.073, Health and Safety Code, to require all
fees collected under this chapter to be payable to the department and to be
deposited to the credit of the rendering fee account in the general revenue
fund, rather than the state treasure. Authorizes money in the account to be
appropriated only to the department to be used to process and investigate
applications filed under this chapter and to administer this chapter..  

SECTION 21. Amends Section 144.077, Health and Safety Code, as follows:

Sec. 144.077. New heading: HEARINGS AND JUDICIAL REVIEW. Provides that a
hearing held under this chapter is subject to Chapter 2001, Government
Code. Provides that the manner of judicial review is by substantial
evidence review, rather than trail de novo. 

SECTION 22. Amends Sections 144.078(a) and (c), Health and Safety Code, to
authorize on request of the department, the attorney general to bring an
action in any district court of this state. Authorizes the attorney general
on behalf of the department to bring an action under Subsection (a). 

SECTION 23. Amends Section 144.079, Health and Safety Code, as follows:
 
Sec. 144.079. New heading: PROHIBITED ACTS. Prohibits a person from
stealing, misappropriating, contaminating, or damaging recyclable cooking
oil or containers or recyclable cooking oil. Prohibits a render, hauler, or
another person from taking certain actions.  

SECTION 24. Sections 144.082(a) and (c), Health and Safety Code, to
authorize an administrative penalty to be assessed only after a person has
been notified of, rather than charged with, a violation. Makes a conforming
change. 

SECTION 25. Effective date: September 1, 1999.

SECTION 26. Makes application of this Act prospective. 

SECTION 27. Emergency clause.