By: Carona S.B. No. 1532
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of renderers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 144.002, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 144.002. DEFINITIONS. In this chapter:
1-6 (1) "Dead animal" means the whole or substantially
1-7 whole carcass of a dead or fallen domestic animal, or domesticated
1-8 wild animal, that was not slaughtered for human consumption.
1-9 (2) "Dead animal hauler" means a person who collects
1-10 and disposes of dead animals for commercial purposes.
1-11 (3) "Disposal" means the burying, burning, cooking,
1-12 processing, or rendering of dead animals or of renderable raw
1-13 materials.
1-14 (4) "Employee" means a person who:
1-15 (A) is a legal employee of [employed in or by] a
1-16 rendering establishment; and
1-17 (B) handles or operates rendering equipment,
1-18 utensils, containers, vehicles, or packaging materials owned or
1-19 leased by the rendering establishment.
1-20 (5) "Nuisance" means any situation or condition that
1-21 constitutes a nuisance under Section 341.011.
1-22 (6) "Person" means an individual, firm, partnership,
1-23 association, corporation, trust, company, or organization, and
1-24 includes an agent, officer, or employee of that individual or
2-1 entity.
2-2 (7) "Processing" means an operation or combination of
2-3 operations through which materials derived from a dead animal or
2-4 renderable raw material sources are:
2-5 (A) prepared for disposal at a rendering
2-6 establishment;
2-7 (B) stored; or
2-8 (C) treated for commercial use or disposition,
2-9 other than as food for human consumption.
2-10 (8) "Related station" means an operation or facility
2-11 that is necessary[, useful,] or incidental to the operation of a
2-12 rendering establishment and that is operated or maintained
2-13 separately from the rendering establishment.
2-14 (9) "Rendering business" means the collection,
2-15 transportation, disposal, or storage of dead animals or renderable
2-16 raw materials for commercial purposes at locations where dead
2-17 animals or renderable raw materials are rendered, boiled,
2-18 processed, stored, transferred, or otherwise prepared, either as a
2-19 separate business or in connection with any other established
2-20 business.
2-21 (10) "Rendering establishment" means an establishment
2-22 or part of an establishment, a plant, or any other premises at
2-23 which dead animals or renderable raw materials are rendered,
2-24 boiled, processed, or otherwise prepared to obtain a product for
2-25 commercial use or disposition, other than as food for human
2-26 consumption. The term includes all other operations and
3-1 facilities[, other than a related station,] that are necessary[,
3-2 useful,] or incidental to the establishment.
3-3 (11) "Renderable raw material" means any unprocessed
3-4 or partially processed material of animal or plant origin, other
3-5 than a dead animal, that is processed by rendering establishments.
3-6 The term includes:
3-7 (A) animals, poultry, or fish slaughtered or
3-8 processed for human consumption but that are unsuitable for that
3-9 use;
3-10 (B) the inedible products and by-products of
3-11 animals, poultry, or fish slaughtered or processed for human
3-12 consumption;
3-13 (C) parts from dead animals;
3-14 (D) whole or partial carcasses of dead poultry
3-15 or fish; [and]
3-16 (E) waste cooking greases; and
3-17 (F) recyclable cooking oil.
3-18 (12) "Recyclable cooking oil" means any unprocessed or
3-19 partially processed grease, fat, or oil previously used in the
3-20 cooking or preparation of food for human consumption and intended
3-21 for recycling by being used or reused as:
3-22 (A) an ingredient in a process to make a
3-23 product; or
3-24 (B) an effective substitute for a commercial
3-25 product.
3-26 (13) "Renderable raw material hauler" means a person
4-1 who collects or transports [and disposes of] renderable raw
4-2 materials for commercial purposes.
4-3 (14) [(13)] "Transfer station" means a facility
4-4 [related station] at which [dead animals or] renderable raw
4-5 materials are transferred from one conveyance to another.
4-6 (15) "Waste cooking grease" means any unprocessed or
4-7 partially processed grease, fat, or oil previously used in the
4-8 cooking or preparation of food for human consumption and no longer
4-9 suitable for such use.
4-10 SECTION 2. Subsection (b), Section 144.003, Health and
4-11 Safety Code, is amended to read as follows:
4-12 (b) This chapter does not affect a municipality's power to
4-13 regulate by ordinance rendering businesses within the boundaries of
4-14 the municipality. However, each rendering establishment, related
4-15 station, transfer station, dead animal hauler, or renderable raw
4-16 material hauler subject to a municipal ordinance shall comply with
4-17 this chapter.
4-18 SECTION 3. Section 144.011, Health and Safety Code, is
4-19 amended to read as follows:
4-20 Sec. 144.011. LICENSE REQUIRED. (a) A person may not
4-21 operate a rendering business, or any adjunct to a rendering
4-22 business, without having a rendering establishment operating
4-23 license issued by the department or another appropriate operating
4-24 license under this section.
4-25 (b) A person may not operate or maintain a related station
4-26 without a related station operating license issued by the
5-1 department [unless:]
5-2 [(1) the person is an employee of a rendering
5-3 establishment that the station serves; or]
5-4 [(2) the related station is a part or subsidiary of a
5-5 rendering establishment that the station serves].
5-6 (c) A person may not operate or maintain a transfer station
5-7 without a transfer station operating license issued by the
5-8 department.
5-9 (d) A person may not operate as a dead animal hauler without
5-10 a dead animal hauler operating license issued by the department
5-11 unless the person[:]
5-12 [(1)] is an employee of a rendering establishment [or
5-13 related station served by the person; or]
5-14 [(2) does not operate separately from the rendering
5-15 establishments or related stations served by the person].
5-16 (e) [(d)] A person may not operate as a renderable raw
5-17 material hauler without a renderable raw material hauler operating
5-18 license issued by the department unless the person[:]
5-19 [(1)] is an employee of a rendering establishment [or
5-20 related station served by the person; or]
5-21 [(2) does not operate separately from the rendering
5-22 establishments or related stations served by the person].
5-23 SECTION 4. Subsection (a), Section 144.012, Health and
5-24 Safety Code, is amended to read as follows:
5-25 (a) Unless the person also performs rendering operations or
5-26 processes, this chapter does not apply to a person who:
6-1 (1) slaughters, butchers, manufactures, or sells
6-2 animal flesh or products only for use as food for human
6-3 consumption; [or]
6-4 (2) transports or disposes of the bodies of animals
6-5 killed for use as food for human consumption, or the products of
6-6 those bodies, only for that purpose and use; or
6-7 (3) is an individual and who disposes of the
6-8 individual's own animal.
6-9 SECTION 5. Subsections (a) and (f), Section 144.013, Health
6-10 and Safety Code, are amended to read as follows:
6-11 (a) To be considered by the department for an operating
6-12 license, a person must submit a sworn application to the
6-13 department. The application must:
6-14 (1) state whether the applicant intends to operate as
6-15 a rendering establishment, related station, transfer station, dead
6-16 animal hauler, or renderable raw material hauler;
6-17 (2) state the location from which the business is to
6-18 be conducted; and
6-19 (3) include other relevant information required by the
6-20 department to determine the applicant's compliance with the
6-21 operating procedures established under Subchapter C.
6-22 (f) If the department denies an application twice, the
6-23 application is canceled. The applicant is entitled to a hearing
6-24 before the commissioner on the denial if the applicant requests the
6-25 hearing not later than the 30th day after the date of the second
6-26 denial. [The hearing must be conducted not later than the 30th day
7-1 after the date of the request.]
7-2 SECTION 6. Subsection (b), Section 144.021, Health and
7-3 Safety Code, is amended to read as follows:
7-4 (b) As a condition of licensure, the department may
7-5 prescribe other reasonable and appropriate construction,
7-6 operational, maintenance, and inspection requirements to ensure
7-7 compliance with this chapter and applicable rules of the department
7-8 [Each holder of an operating license shall comply with the specific
7-9 operating procedures established under this subchapter].
7-10 SECTION 7. Section 144.023, Health and Safety Code, is
7-11 amended to read as follows:
7-12 Sec. 144.023. VEHICLES; PERMIT REQUIRED. (a) A vehicle
7-13 used to transport dead animals or renderable raw materials to or
7-14 from a rendering establishment must:
7-15 (1) be leak-proof and maintained in a manner that
7-16 precludes the creation of a nuisance; and
7-17 (2) comply with each applicable requirement for
7-18 operation on the public roads or highways, including applicable
7-19 insurance requirements and gross vehicle weight limitations.
7-20 (b) A collection vehicle shall be held to a minimum number
7-21 of stops, and the stops shall be brief, while traveling to the
7-22 establishment with dead animals or renderable raw materials. Each
7-23 collection vehicle shall be washed and sanitized at the end of each
7-24 day's operations.
7-25 (c) A truck bed used to transport dead animals or renderable
7-26 raw materials shall be thoroughly washed and sanitized before use
8-1 for the transport of finished rendered products. A truck bed used
8-2 to transport dead animals or renderable raw materials to a
8-3 rendering establishment, or to transfer finished rendered products
8-4 from an establishment, shall, before being used to transport any
8-5 product intended for human consumption, be thoroughly sanitized
8-6 with a bactericidal agent that is determined by the department to
8-7 be safe in a rendering establishment. A truck bed may not be used
8-8 to transport dead animals or renderable raw materials at the same
8-9 time the truck bed or any part of the truck bed is used to
8-10 transport any product intended for human consumption,
8-11 notwithstanding the manner in which part of the truck bed is sealed
8-12 or separated from the remainder of the bed.
8-13 (d) The owner of a vehicle may not operate the vehicle on
8-14 public roads and highways to haul dead animals or renderable raw
8-15 materials unless the owner holds a permit for the vehicle issued by
8-16 the department. To obtain a permit for the vehicle from the
8-17 department, the owner must provide to the department:
8-18 (1) the owner's name and address;
8-19 (2) a description of the operations to be performed
8-20 under the registration;
8-21 (3) the year, make, model, license plate number, and
8-22 manufacturer's vehicle identification number for the vehicle;
8-23 (4) a list of names of drivers employed by the hauler
8-24 to drive the vehicle and their driver's license numbers; and
8-25 (5) any other information required by the department.
8-26 (e) The department may require that a dead animal or
9-1 renderable raw material hauling vehicle conspicuously display a
9-2 permit decal issued by the department and the number and license
9-3 holder's name for any operating license required under Section
9-4 144.011. As a condition of issuance and maintenance of the permit,
9-5 the department may require that the vehicle comply with any other
9-6 construction, operational, maintenance, inspection, and marking
9-7 requirements as prescribed by the department.
9-8 SECTION 8. Section 144.024, Health and Safety Code, is
9-9 amended by adding Subsection (d) to read as follows:
9-10 (d) If a person intends to use oil or grease as an
9-11 ingredient in livestock feed or in topical cosmetic products, the
9-12 person may not contaminate or commingle waste cooking greases or
9-13 recyclable cooking oils with grease trap waste, grit trap waste, or
9-14 any other substance that would render the greases or oils harmful
9-15 or otherwise unsuitable for use as an ingredient in livestock feed
9-16 or in topical cosmetic products.
9-17 SECTION 9. Section 144.030, Health and Safety Code, is
9-18 amended to read as follows:
9-19 Sec. 144.030. COLLECTION CONTAINER REQUIREMENTS. (a) A
9-20 container in which dead animals or renderable raw materials are
9-21 accumulated by a producer at collecting points for pickup by a dead
9-22 animal hauler or renderable raw material hauler must remain on the
9-23 premises at each collecting point [and may not be replaced or
9-24 exchanged by the hauler or returned to a rendering establishment].
9-25 (b) The owner of the containers [producer of the materials]
9-26 shall maintain the containers in a leak-proof [clean] and sanitary
10-1 condition and shall replace them as necessary.
10-2 (c) The transportation, delivery, transfer, loading, and
10-3 off-loading of dead animals and renderable raw materials shall be
10-4 performed in a manner that prevents the release of animal parts and
10-5 spills or leaks of renderable raw materials from containers. A
10-6 release of dead animal parts or spill or leak of renderable raw
10-7 materials shall immediately be cleaned up and reported in the log
10-8 required by Section 144.022 [This section does not apply to the
10-9 containers of a producer who collects and accumulates the materials
10-10 only in areas separated from areas in which the producer receives,
10-11 holds, slaughters, butchers, or otherwise processes or prepares any
10-12 animal or animal part as food for human consumption].
10-13 SECTION 10. Section 144.031, Health and Safety Code, is
10-14 amended by adding Subsection (c) to read as follows:
10-15 (c) A person licensed under this chapter may not purchase
10-16 renderable raw materials from a renderable raw material hauler who
10-17 is not licensed under this chapter.
10-18 SECTION 11. Section 144.041, Health and Safety Code, is
10-19 amended to read as follows:
10-20 Sec. 144.041. PERMIT REQUIRED. (a) Except as provided by
10-21 Section 144.042, a person may not construct a new rendering
10-22 establishment or engage in construction involving an addition or
10-23 replacement at a rendering establishment without a construction
10-24 permit issued by the department.
10-25 (b) Except as provided by Section 144.042, a person may not
10-26 construct a new related station or engage in construction involving
11-1 an addition or replacement at a related station without a
11-2 construction permit issued by the department [unless the
11-3 construction is conducted in connection with construction at a
11-4 rendering establishment covered by a construction permit issued
11-5 under Subsection (a)].
11-6 (c) Except as provided by Section 144.042, a person may not
11-7 construct a new transfer station or engage in construction
11-8 involving an addition or replacement at a transfer station without
11-9 a construction permit issued by the department.
11-10 (d) Construction at a rendering business [related station]
11-11 is subject to the construction and layout requirements established
11-12 under Subchapter E.
11-13 SECTION 12. Section 144.042, Health and Safety Code, is
11-14 amended to read as follows:
11-15 Sec. 144.042. EXEMPTION FROM PERMIT REQUIREMENT. A
11-16 construction permit from the department for the construction of a
11-17 new rendering business [establishment or new related station] or
11-18 for construction at a rendering business [establishment or related
11-19 station] is not required if the cost to the rendering business
11-20 [establishment or related station] is less than $10,000. However,
11-21 the construction and layout requirements established under
11-22 Subchapter E apply to the construction.
11-23 SECTION 13. Subsections (a) and (e), Section 144.043, Health
11-24 and Safety Code, are amended to read as follows:
11-25 (a) To receive a construction permit, a person must submit a
11-26 sworn application to the department. The application must:
12-1 (1) describe the type of construction proposed,
12-2 whether the construction is of a new rendering establishment, [or]
12-3 related station, or transfer station or additions or replacements;
12-4 (2) specify when the proposed construction is to
12-5 occur; and
12-6 (3) include other relevant information required by the
12-7 department to determine the applicant's compliance with the
12-8 requirements of Subchapter E.
12-9 (e) If the department denies an application twice, the
12-10 application is canceled. The applicant is entitled to a hearing
12-11 before the commissioner on the denial if the applicant requests the
12-12 hearing not later than the 30th day after the date of the second
12-13 denial. [The hearing must be conducted not later than the 30th day
12-14 after the date of the request.]
12-15 SECTION 14. Section 144.051, Health and Safety Code, is
12-16 amended to read as follows:
12-17 Sec. 144.051. RENDERING ESTABLISHMENT AND RELATED STATION
12-18 CONSTRUCTION. (a) All construction of a rendering establishment,
12-19 [or] related station, or transfer station subject to this chapter
12-20 must:
12-21 (1) provide for sanitary operations and environmental
12-22 conditions;
12-23 (2) prevent the spread of disease-producing organisms
12-24 and infectious or noxious materials; and
12-25 (3) prevent the development of a malodorous condition
12-26 or a nuisance.
13-1 (b) Except to the extent the department grants a written
13-2 variance from a requirement, each [Each] construction permit holder
13-3 shall comply with the specific requirements established under this
13-4 subchapter. The department may grant a variance from the
13-5 requirements of this subchapter if the department determines that
13-6 construction or operational features established at a rendering
13-7 establishment will provide protection for public health and safety
13-8 equivalent to that afforded by the requirements of this subchapter.
13-9 SECTION 15. Subsections (b) and (d), Section 144.063, Health
13-10 and Safety Code, are amended to read as follows:
13-11 (b) An operating license is valid for one year and may be
13-12 renewed annually by the license holder. The department shall set
13-13 an annual renewal fee [is the same as the original license fee for
13-14 that license].
13-15 (d) If the renewal fee is not paid before the expiration of
13-16 the 15th day after the date on which written notice of delinquency
13-17 is given to the license holder by the department, the license
13-18 expires unless the department grants an extension [license holder
13-19 shows good cause for failure] to renew. After an operating license
13-20 expires, a new application for the license must be submitted.
13-21 SECTION 16. Section 144.064, Health and Safety Code, is
13-22 amended to read as follows:
13-23 Sec. 144.064. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
13-24 OR PERMIT; REINSTATEMENT. (a) The commissioner may deny, suspend,
13-25 or revoke an operating license, [or] construction permit, or
13-26 renewal of an operating license or construction permit if the
14-1 commissioner finds that:
14-2 (1) the license holder or permit holder has
14-3 [knowingly] violated this chapter or a rule or order adopted under
14-4 this chapter or did not exercise due care to prevent the violation;
14-5 or
14-6 (2) a fact or condition exists that would have
14-7 justified the denial of the license or permit application if the
14-8 fact or condition was known at the time the original application
14-9 was filed.
14-10 (b) On the discovery of such a violation, the commissioner
14-11 shall notify the license holder or permit holder of the violation
14-12 [and shall allow a reasonable period for correction]. If the
14-13 license holder or permit holder fails to make the necessary
14-14 corrections, the department shall notify the license holder or
14-15 permit holder of a hearing to suspend or revoke the license or
14-16 permit.
14-17 (c) The commissioner may reinstate a suspended license or
14-18 permit, or may issue a new license or permit to a person whose
14-19 license or permit has been revoked, if a ground to deny the
14-20 original license or permit application does not exist.
14-21 SECTION 17. Subsections (a) and (c), Section 144.071, Health
14-22 and Safety Code, are amended to read as follows:
14-23 (a) At least once each year and at other times as the
14-24 department considers necessary, the department shall inspect the
14-25 place of business of each operating license holder, the vehicles of
14-26 each renderable raw material hauler, and the construction site of
15-1 each construction permit holder if construction is continuing.
15-2 (c) The department has free access to the place of business,
15-3 [or] construction site, or vehicle to conduct the inspection.
15-4 SECTION 18. Section 144.072, Health and Safety Code, is
15-5 amended to read as follows:
15-6 Sec. 144.072. FEES. (a) An application for an operating
15-7 license must be accompanied by an application fee [the applicable
15-8 fee, as follows:]
15-9 [(1) rendering establishment operating license: $300;]
15-10 [(2) related station operating license: $200;]
15-11 [(3) dead animal hauler operating license: $150;]
15-12 [(4) renderable raw material hauler operating license:
15-13 $150;]
15-14 [(5) combination dead animal and renderable raw
15-15 material hauler operating license: $150].
15-16 (b) An application for a construction permit must be
15-17 accompanied by a fee [the applicable fee]. Construction permit
15-18 fees must be [are] based on the dollar value at the cost to the
15-19 rendering establishment or related station of the construction[,
15-20 according to the following schedule:]
15-21 [(1) less than $10,000: no permit required;]
15-22 [(2) $10,000-$49,999: $100;]
15-23 [(3) $50,000-$99,999: $200;]
15-24 [(4) $100,000-$249,999: $500;]
15-25 [(5) $250,000 and over: $1,000].
15-26 (c) An application for a vehicle permit under Section
16-1 144.023 must be accompanied by a permit fee for each vehicle for
16-2 which a permit is to be issued.
16-3 (d) If an application is withdrawn not later than the fifth
16-4 day after the date on which it is received by the department, the
16-5 department shall refund the full amount of the application fee.
16-6 (e) The department by rule shall set the fees authorized by
16-7 this chapter in amounts that allow the department to recover the
16-8 annual expenditures of state funds by the department in:
16-9 (1) reviewing and acting on a license renewal or
16-10 registration;
16-11 (2) amending a license, renewal license, or
16-12 registration;
16-13 (3) inspecting a licensed facility or vehicles and
16-14 equipment regulated under this chapter; and
16-15 (4) implementing and enforcing this chapter, including
16-16 a rule or order adopted or a license issued under this chapter.
16-17 SECTION 19. Section 144.073, Health and Safety Code, is
16-18 amended to read as follows:
16-19 Sec. 144.073. ACCOUNT. All fees collected under this
16-20 chapter are payable to the department and shall be deposited to the
16-21 credit of the rendering fee [in an] account in the general revenue
16-22 fund. Money in the account may be appropriated only to [state
16-23 treasury to the credit of] the department to be used to process and
16-24 investigate applications filed under this chapter and to administer
16-25 this chapter.
16-26 SECTION 20. Section 144.077, Health and Safety Code, is
17-1 amended to read as follows:
17-2 Sec. 144.077. HEARINGS AND JUDICIAL REVIEW. (a) A hearing
17-3 held under this chapter is subject to Chapter 2001, Government
17-4 Code.
17-5 (b) A person aggrieved by a final decision under this
17-6 chapter is entitled to judicial review.
17-7 (c) [(b)] The manner of judicial review is by substantial
17-8 evidence review [trial de novo].
17-9 SECTION 21. Subsections (a) and (c), Section 144.078, Health
17-10 and Safety Code, are amended to read as follows:
17-11 (a) On request of the [The] department, the attorney general
17-12 may bring an action in any district court of this state that has
17-13 jurisdiction and venue for an injunction to compel compliance with
17-14 this chapter or to restrain any actual or threatened violation of
17-15 this chapter.
17-16 (c) The attorney general on behalf of the department may
17-17 bring an action under Subsection (a) in addition to any other
17-18 action provided by this chapter and without prejudice to that
17-19 action.
17-20 SECTION 22. Section 144.079, Health and Safety Code, is
17-21 amended to read as follows:
17-22 Sec. 144.079. [PROCESSING ANIMALS FOR HUMAN CONSUMPTION]
17-23 PROHIBITED ACTS. (a) A person may not receive, hold, slaughter,
17-24 butcher, or otherwise process any animal as food for human
17-25 consumption in a building or compartmented area of a building used
17-26 as a rendering establishment or related station.
18-1 (b) A person may not steal, misappropriate, contaminate, or
18-2 damage recyclable cooking oil or containers of recyclable cooking
18-3 oil.
18-4 (c) A renderer, hauler, or any other person may not:
18-5 (1) take possession of recyclable cooking oil from an
18-6 unlicensed hauler or an employee or contractor of an unlicensed
18-7 hauler; or
18-8 (2) knowingly take possession of stolen recyclable
18-9 cooking oil.
18-10 SECTION 23. Subsections (a) and (c), Section 144.082, Health
18-11 and Safety Code, are amended to read as follows:
18-12 (a) An administrative penalty may be assessed only after a
18-13 person notified of [charged with] a violation is given an
18-14 opportunity for a hearing.
18-15 (c) If the person notified of [charged with] the violation
18-16 does not request a hearing, the commissioner may assess a penalty
18-17 after determining that a violation has occurred and the amount of
18-18 the penalty that may be warranted.
18-19 SECTION 24. This Act takes effect September 1, 1999.
18-20 SECTION 25. (a) This Act applies only to conduct occurring
18-21 on or after January 1, 2000.
18-22 (b) A person who is required to be licensed under Section
18-23 144.011, Health and Safety Code, as amended by this Act, and who
18-24 was not required to be licensed under that section before amendment
18-25 by this Act, is not required to be licensed under that section
18-26 before January 1, 2000.
19-1 (c) An owner of a vehicle is not required to hold a permit
19-2 for the vehicle under Section 144.023, Health and Safety Code, as
19-3 amended by this Act, before January 1, 2000.
19-4 SECTION 26. The importance of this legislation and the
19-5 crowded condition of the calendars in both houses create an
19-6 emergency and an imperative public necessity that the
19-7 constitutional rule requiring bills to be read on three several
19-8 days in each house be suspended, and this rule is hereby suspended.