By Carona                                             S.B. No. 1532
         76R7252 DLF-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of renderers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 144.002, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 144.002.  DEFINITIONS.  In this chapter:
 1-7                 (1)  "Dead animal" means the whole or substantially
 1-8     whole carcass of a dead or fallen domestic animal, or domesticated
 1-9     wild animal, that was not slaughtered for human consumption.
1-10                 (2)  "Dead animal hauler" means a person who collects
1-11     and disposes of dead animals for commercial purposes.
1-12                 (3)  "Disposal" means the burying, burning, cooking,
1-13     processing, or rendering of dead animals or of renderable raw
1-14     materials.
1-15                 (4)  "Employee" means a person who:
1-16                       (A)  is a legal employee of [employed in or by] a
1-17     rendering establishment; and
1-18                       (B)  handles or operates rendering equipment,
1-19     utensils, containers, vehicles, or packaging materials owned or
1-20     leased by the rendering establishment.
1-21                 (5)  "Nuisance" means any situation or condition that
1-22     constitutes a nuisance under Section 341.011.
1-23                 (6)  "Person" means an individual, firm, partnership,
1-24     association, corporation, trust, company, or organization, and
 2-1     includes an agent, officer, or employee of that individual or
 2-2     entity.
 2-3                 (7)  "Processing" means an operation or combination of
 2-4     operations through which materials derived from a dead animal or
 2-5     renderable raw material sources are:
 2-6                       (A)  prepared for disposal at a rendering
 2-7     establishment;
 2-8                       (B)  stored; or
 2-9                       (C)  treated for commercial use or disposition,
2-10     other than as food for human consumption.
2-11                 (8)  "Related station" means an operation or facility
2-12     that is necessary[, useful,] or incidental to the operation of a
2-13     rendering establishment and that is operated or maintained
2-14     separately from the rendering establishment.
2-15                 (9)  "Rendering business" means the collection,
2-16     transportation, disposal, or storage of dead animals or renderable
2-17     raw materials for commercial purposes at locations where dead
2-18     animals or renderable raw materials are rendered, boiled,
2-19     processed, stored, transferred, or otherwise prepared, either as a
2-20     separate business or in connection with any other established
2-21     business.
2-22                 (10)  "Rendering establishment" means an establishment
2-23     or part of an establishment, a plant, or any other premises at
2-24     which dead animals or renderable raw materials are rendered,
2-25     boiled, processed, or otherwise prepared to obtain a product for
2-26     commercial use or disposition, other than as food for human
2-27     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) [(12)]  "Renderable raw material hauler" means a
3-27     person who collects or transports [and disposes of] renderable raw
 4-1     materials for commercial purposes.
 4-2                 (14) [(13)]  "Transfer station" means a facility
 4-3     [related station] at which [dead animals or] renderable raw
 4-4     materials are transferred from one conveyance to another.
 4-5                 (15)  "Waste cooking grease" means any unprocessed or
 4-6     partially processed grease, fat, or oil previously used in the
 4-7     cooking or preparation of food for human consumption and no longer
 4-8     suitable for such use.
 4-9           SECTION 2.  Section 144.003(b), Health and Safety Code, is
4-10     amended to read as follows:
4-11           (b)  This chapter does not affect a municipality's power to
4-12     regulate by ordinance rendering businesses within the boundaries of
4-13     the municipality.  However, each rendering establishment, related
4-14     station, transfer station, dead animal hauler, or renderable raw
4-15     material hauler subject to a municipal ordinance shall comply with
4-16     this chapter.
4-17           SECTION 3.  Section 144.011, Health and Safety Code, is
4-18     amended to read as follows:
4-19           Sec. 144.011.  LICENSE REQUIRED.   (a)  A person may not
4-20     operate a rendering business, or any adjunct to a rendering
4-21     business, without having a rendering establishment operating
4-22     license issued by the department or another appropriate operating
4-23     license under this section.
4-24           (b)  A person may not operate or maintain a related station
4-25     without a related station operating license issued by the
4-26     department [unless:]
4-27                 [(1)  the person is an employee of a rendering
 5-1     establishment that the station serves; or]
 5-2                 [(2)  the related station is a part or subsidiary of a
 5-3     rendering establishment that the station serves].
 5-4           (c)  A person may not operate or maintain a transfer station
 5-5     without a transfer station operating license issued by the
 5-6     department.
 5-7           (d)  A person may not operate as a dead animal hauler without
 5-8     a dead animal hauler operating license issued by the department
 5-9     unless the person[:]
5-10                 [(1)]  is an employee of a rendering establishment [or
5-11     related station served by the person; or]
5-12                 [(2)  does not operate separately from the rendering
5-13     establishments or related stations served by the person].
5-14           (e) [(d)]  A person may not operate as a renderable raw
5-15     material hauler without a renderable raw material hauler operating
5-16     license issued by the department unless the person[:]
5-17                 [(1)]  is an employee of a rendering establishment [or
5-18     related station served by the person; or]
5-19                 [(2)  does not operate separately from the rendering
5-20     establishments or related stations served by the person].
5-21           SECTION 4.  Section 144.012(a), Health and Safety Code, is
5-22     amended to read as follows:
5-23           (a)  Unless the person also performs rendering operations or
5-24     processes, this chapter does not apply to a person who:
5-25                 (1)  slaughters, butchers, manufactures, or sells
5-26     animal flesh or products only for use as food for human
5-27     consumption; [or]
 6-1                 (2)  transports or disposes of the bodies of animals
 6-2     killed for use as food for human consumption, or the products of
 6-3     those bodies, only for that purpose and use; or
 6-4                 (3)  is an individual and who disposes of the
 6-5     individual's own animal.
 6-6           SECTION 5.  Sections 144.013(a) and (f), Health and Safety
 6-7     Code, are amended to read as follows:
 6-8           (a)  To be considered by the department for an operating
 6-9     license, a person must submit a sworn application to the
6-10     department.  The application must:
6-11                 (1)  state whether the applicant intends to operate as
6-12     a rendering establishment, related station, transfer station, dead
6-13     animal hauler, or renderable raw material hauler;
6-14                 (2)  state the location from which the business is to
6-15     be conducted; and
6-16                 (3)  include other relevant information required by the
6-17     department to determine the applicant's compliance with the
6-18     operating procedures established under Subchapter C.
6-19           (f)  If the department denies an application twice, the
6-20     application is canceled.  The applicant is entitled to a hearing
6-21     before the commissioner on the denial if the applicant requests the
6-22     hearing not later than the 30th day after the date of the second
6-23     denial.  [The hearing must be conducted not later than the 30th day
6-24     after the date of the request.]
6-25           SECTION 6.  Section 144.021(b), Health and Safety Code, is
6-26     amended to read as follows:
6-27           (b)  As a condition of licensure, the department may
 7-1     prescribe other reasonable and appropriate construction,
 7-2     operational, maintenance, and inspection requirements to ensure
 7-3     compliance with this chapter and applicable rules of the department
 7-4     [Each holder of an operating license shall comply with the specific
 7-5     operating procedures established under this subchapter].
 7-6           SECTION 7.  Sections 144.022(a), (b), (c), and (e), Health
 7-7     and Safety Code, are amended to read as follows:
 7-8           (a)  Each licensed rendering establishment, related station,
 7-9     transfer station, [or] dead animal hauler, or renderable raw
7-10     material hauler shall have an operations [a dead animal] log that
7-11     meets the requirements prescribed by the department.  The name of
7-12     the licensed rendering establishment, related station, transfer
7-13     station, [or] dead animal hauler, or renderable raw material hauler
7-14     must be on the front of the log.
7-15           (b)  When a license holder receives a dead animal or
7-16     renderable raw material, the license holder shall enter the
7-17     following information in the log:
7-18                 (1)  the date and time of the pickup of the dead animal
7-19     or renderable raw material;
7-20                 (2)  the name of the driver of the collection vehicle;
7-21                 (3)  a description of the dead animal or renderable raw
7-22     material;
7-23                 (4)  the location at which [of] the dead animal or
7-24     renderable raw material was received, including the county; and
7-25                 (5)  the owner of the dead animal or renderable raw
7-26     material, if known.
7-27           (c)  The license holder shall also keep a record in the log,
 8-1     or in an appendix to the log, of:
 8-2                 (1)  the general route followed in making the
 8-3     collection; and
 8-4                 (2)  copies of each receipt, invoice, trip ticket,
 8-5     manifest, or other document that evidences the receipt and delivery
 8-6     of the dead animal or renderable raw material.
 8-7           (e)  Each record required to be maintained under this chapter
 8-8     must be maintained at the regular place of business of the license
 8-9     holder until the first anniversary of the date on which the record
8-10     was made or for a longer period as directed by the department and
8-11     must be made available at that location for inspection on demand by
8-12     the department.  The department may prescribe other reasonable and
8-13     appropriate record keeping requirements to ensure compliance with
8-14     this chapter and applicable rules of the department  [This section
8-15     does not apply to a licensed renderable raw material hauler].
8-16           SECTION 8.  Section 144.023, Health and Safety Code, is
8-17     amended to read as follows:
8-18           Sec. 144.023.  VEHICLES; PERMIT REQUIRED.  (a)  A vehicle
8-19     used to transport dead animals or renderable raw materials to or
8-20     from a rendering establishment must:
8-21                 (1)  be leak-proof and maintained in a manner that
8-22     precludes the creation of a nuisance; and
8-23                 (2)  comply with each applicable requirement for
8-24     operation on the public roads or highways, including applicable
8-25     insurance requirements and gross vehicle weight limitations.
8-26           (b)  A collection vehicle shall be held to a minimum number
8-27     of stops, and the stops shall be brief, while traveling to the
 9-1     establishment with dead animals or renderable raw materials.  Each
 9-2     collection vehicle shall be washed and sanitized at the end of each
 9-3     day's operations.
 9-4           (c)  A truck bed used to transport dead animals or renderable
 9-5     raw materials shall be thoroughly washed and sanitized before use
 9-6     for the transport of finished rendered products.  A truck bed used
 9-7     to transport dead animals or renderable raw materials to a
 9-8     rendering establishment, or to transfer finished rendered products
 9-9     from an establishment, shall, before being used to transport any
9-10     product intended for human consumption, be thoroughly sanitized
9-11     with a bactericidal agent that is determined by the department to
9-12     be safe in a rendering establishment.  A truck bed may not be used
9-13     to transport dead animals or renderable raw materials at the same
9-14     time the truck bed or any part of the truck bed is used to
9-15     transport any product intended for human consumption,
9-16     notwithstanding the manner in which part of the truck bed is sealed
9-17     or separated from the remainder of the bed.
9-18           (d)  The owner of a vehicle may not operate  the vehicle on
9-19     public roads and highways to haul dead animals or renderable raw
9-20     materials unless the owner holds a permit for the vehicle issued by
9-21     the department.  To obtain a permit for the vehicle from the
9-22     department, the owner must provide to the department:
9-23                 (1)  the owner's name and address;
9-24                 (2)  a description of the operations to be performed
9-25     under the registration;
9-26                 (3)  the year, make, model, license plate number, and
9-27     manufacturer's vehicle identification number for the vehicle;
 10-1                (4)  a list of names of drivers employed by the hauler
 10-2    to drive the vehicle and their driver's license numbers; and
 10-3                (5)  any other information required by the department.
 10-4          (e)  The department may require that a dead animal or
 10-5    renderable raw material hauling vehicle conspicuously display a
 10-6    permit decal issued by the department and the number and license
 10-7    holder's name for any operating license required under Section
 10-8    144.011.  As a condition of issuance and maintenance of the permit,
 10-9    the department may require that the vehicle comply with any other
10-10    construction, operational, maintenance, inspection, and marking
10-11    requirements as prescribed by the department.
10-12          SECTION 9.  Section 144.024, Health and Safety Code, is
10-13    amended by adding Subsection (d) to read as follows:
10-14          (d)  A person may not contaminate or commingle waste cooking
10-15    greases or recyclable cooking oils with grease trap waste, grit
10-16    trap waste, or any other substance that would render the greases or
10-17    oils harmful or otherwise unsuitable for use as an ingredient in
10-18    livestock feed or in topical cosmetic products.
10-19          SECTION 10.  Section 144.030, Health and Safety Code, is
10-20    amended to read as follows:
10-21          Sec. 144.030.  COLLECTION CONTAINER REQUIREMENTS.  (a)  A
10-22    container in which dead animals or renderable raw materials are
10-23    accumulated by a producer at collecting points for pickup by a dead
10-24    animal hauler or renderable raw material hauler must remain in a
10-25    secure location on the premises at each collecting point [and may
10-26    not be replaced or exchanged by the hauler or returned to a
10-27    rendering establishment].
 11-1          (b)  The owner of the containers [producer of the materials]
 11-2    shall maintain the containers in a leak-proof [clean] and sanitary
 11-3    condition and shall replace them as necessary.
 11-4          (c)  The transportation, delivery, transfer, loading, and
 11-5    off-loading of dead animals and renderable raw materials shall be
 11-6    performed in a manner that prevents the release of animal parts and
 11-7    spills or leaks of renderable raw materials from containers.  A
 11-8    release of dead animal parts or spill or leak of renderable raw
 11-9    materials shall immediately be cleaned up and reported in the
11-10    operations log required by Section 144.022  [This section does not
11-11    apply to the containers of a producer who collects and accumulates
11-12    the materials only in areas separated from areas in which the
11-13    producer receives, holds, slaughters, butchers, or otherwise
11-14    processes or prepares any animal or animal part as food for human
11-15    consumption].
11-16          SECTION 11.  Section 144.031, Health and Safety Code, is
11-17    amended by adding Subsection (c) to read as follows:
11-18          (c)  A person licensed under this chapter may not purchase
11-19    renderable raw materials from a renderable raw material hauler who
11-20    is not licensed under this chapter.
11-21          SECTION 12.  Section 144.041, Health and Safety Code, is
11-22    amended to read as follows:
11-23           Sec. 144.041.  PERMIT REQUIRED.  (a)  Except as provided by
11-24    Section 144.042, a person may not construct a new rendering
11-25    establishment or engage in construction involving an addition or
11-26    replacement at a rendering establishment without a construction
11-27    permit issued by the department.
 12-1          (b)  Except as provided by Section 144.042, a person may not
 12-2    construct a new related station or engage in construction involving
 12-3    an addition or replacement at a related station without a
 12-4    construction permit issued by the department [unless the
 12-5    construction is conducted in connection with construction at a
 12-6    rendering establishment covered by a construction permit issued
 12-7    under Subsection (a)].
 12-8          (c)  Except as provided by Section 144.042, a person may not
 12-9    construct a new transfer station or engage in construction
12-10    involving an addition or replacement at a transfer station without
12-11    a construction permit issued by the department.
12-12          (d)  Construction at a rendering business [related station]
12-13    is subject to the construction and layout requirements established
12-14    under Subchapter E.
12-15          SECTION 13.  Section 144.042, Health and Safety Code, is
12-16    amended to read as follows:
12-17          Sec. 144.042.  EXEMPTION FROM PERMIT REQUIREMENT.  A
12-18    construction permit from the department for the construction of a
12-19    new rendering business [establishment or new related station] or
12-20    for construction at a rendering business [establishment or related
12-21    station] is not required if the cost to the rendering business
12-22    [establishment or related station] is less than $10,000.  However,
12-23    the construction and layout requirements established under
12-24    Subchapter E apply to the construction.
12-25          SECTION 14.  Sections 144.043(a) and (e), Health and Safety
12-26    Code, are amended to read as follows:
12-27          (a)  To receive a construction permit, a person must submit a
 13-1    sworn application to the department.  The application must:
 13-2                (1)  describe the type of construction proposed,
 13-3    whether the construction is of a new rendering establishment, [or]
 13-4    related station, or transfer station or additions or replacements;
 13-5                (2)  specify when the proposed construction is to
 13-6    occur; and
 13-7                (3)  include other relevant information required by the
 13-8    department to determine the applicant's compliance with the
 13-9    requirements of Subchapter E.
13-10          (e)  If the department denies an application twice, the
13-11    application is canceled.  The applicant is entitled to a hearing
13-12    before the commissioner on the denial if the applicant requests the
13-13    hearing not later than the 30th day after the date of the second
13-14    denial.  [The hearing must be conducted not later than the 30th day
13-15    after the date of the request.]
13-16          SECTION 15.  Section 144.051, Health and Safety Code, is
13-17    amended to read as follows:
13-18          Sec. 144.051.  RENDERING ESTABLISHMENT AND RELATED STATION
13-19    CONSTRUCTION.  (a)  All construction of a rendering establishment,
13-20    [or] related station, or transfer station subject to this chapter
13-21    must:
13-22                (1)  provide for sanitary operations and environmental
13-23    conditions;
13-24                (2)  prevent the spread of disease-producing organisms
13-25    and infectious or noxious materials; and
13-26                (3)  prevent the development of a malodorous condition
13-27    or a nuisance.
 14-1          (b)  Except to the extent the department grants a written
 14-2    variance from a requirement, each [Each] construction permit holder
 14-3    shall comply with the specific requirements established under this
 14-4    subchapter. The department may grant a variance from the
 14-5    requirements of this subchapter if the department determines that
 14-6    construction or operational features established at a rendering
 14-7    establishment will provide protection for public health and safety
 14-8    equivalent to that afforded by the requirements of this subchapter.
 14-9          SECTION 16.  Sections 144.063(b) and (d), Health and Safety
14-10    Code, are amended to read as follows:
14-11          (b)  An operating license is valid for one year and may be
14-12    renewed annually by the license holder.  The department shall set
14-13    an annual renewal fee [The annual renewal fee is the same as the
14-14    original  license fee for that license].
14-15          (d)  If the renewal fee is not paid before the expiration of
14-16    the 15th day after the date on which written notice of delinquency
14-17    is given to the license holder by the department, the license
14-18    expires unless the department grants an extension [license holder
14-19    shows good cause for failure] to renew.  After an operating license
14-20    expires, a new application for the license must be submitted.
14-21          SECTION 17.  Section 144.064, Health and Safety Code, is
14-22    amended to read as follows:
14-23          Sec. 144.064.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
14-24    OR PERMIT; REINSTATEMENT.  (a)  The commissioner may deny, suspend,
14-25    or revoke an operating license, [or] construction permit, or
14-26    renewal of an operating license or construction permit if the
14-27    commissioner finds that:
 15-1                (1)  the license holder or permit holder has
 15-2    [knowingly] violated this chapter or a rule or order adopted under
 15-3    this chapter or did not exercise due care to prevent the violation;
 15-4    or
 15-5                (2)  a fact or condition exists that would have
 15-6    justified the denial of the license or permit application if the
 15-7    fact or condition was known at the time the original application
 15-8    was filed.
 15-9          (b)  On the discovery of such a violation, the commissioner
15-10    shall notify the license holder or permit holder of the violation
15-11    [and shall allow a reasonable period for correction].  If the
15-12    license holder or permit holder fails to make the necessary
15-13    corrections, the department shall notify the license holder or
15-14    permit holder of a hearing to suspend or revoke the license or
15-15    permit.
15-16          (c)  The commissioner may reinstate a suspended license or
15-17    permit, or may issue a new license or permit to a person whose
15-18    license or permit has been revoked, if a ground to deny the
15-19    original license or permit application does not exist.
15-20          SECTION 18.  Sections 144.071(a) and (c), Health and Safety
15-21    Code, are amended to read as follows:
15-22          (a)  At least once each year and at other times as the
15-23    department considers necessary, the department shall inspect the
15-24    place of business of each operating license holder, the vehicles of
15-25    each renderable raw material hauler, and the construction  site of
15-26    each construction permit holder if construction is continuing.
15-27          (c)  The department has free access to the place of business,
 16-1    [or] construction site, or vehicle to conduct the inspection.
 16-2          SECTION 19.  Section 144.072, Health and Safety Code, is
 16-3    amended to read as follows:
 16-4          Sec. 144.072.  FEES.  (a)  An application for an operating
 16-5    license must be accompanied by an application fee [the applicable
 16-6    fee, as follows:]
 16-7                [(1)  rendering establishment operating license:  $300;]
 16-8                [(2)  related station operating license:  $200;]
 16-9                [(3)  dead animal hauler operating license:  $150;]
16-10                [(4)  renderable raw material hauler operating license:
16-11    $150;]
16-12                [(5)  combination dead animal and renderable raw
16-13    material hauler operating license:  $150].
16-14          (b)  An application for a construction permit must be
16-15    accompanied by a fee [the applicable fee].  Construction permit
16-16    fees must be [are] based on the dollar value at the cost to the
16-17    rendering establishment or related station of the construction[,
16-18    according to the following schedule:]
16-19                [(1)  less than $10,000:  no permit required;]
16-20                [(2)  $10,000-$49,999:  $100;]
16-21                [(3)  $50,000-$99,999:  $200;]
16-22                [(4)  $100,000-$249,999:  $500;]
16-23                [(5)  $250,000 and over:  $1,000].
16-24          (c)  An application for a vehicle permit under Section 14.023
16-25    must be accompanied by a permit fee for each vehicle for which a
16-26    permit is to be issued.
16-27          (d)  If an application is withdrawn not later than the fifth
 17-1    day after the date on which it is received by the department, the
 17-2    department shall refund the full amount of the application fee.
 17-3          (e)  The department by rule shall set the fees authorized by
 17-4    this chapter in amounts that allow the department to recover the
 17-5    annual expenditures of state funds by the department in:
 17-6                (1)  reviewing and acting on a license renewal or
 17-7    registration;
 17-8                (2)  amending a license, renewal license, or
 17-9    registration;
17-10                (3)  inspecting a licensed facility or vehicles and
17-11    equipment regulated under this chapter; and
17-12                (4)  implementing and enforcing this chapter, including
17-13    a rule or order adopted or a license issued under this chapter.
17-14          SECTION 20.  Section 144.073, Health and Safety Code, is
17-15    amended to read as follows:
17-16          Sec. 144.073.  ACCOUNT.  All fees collected under this
17-17    chapter are payable to the department and shall be deposited to the
17-18    credit of the rendering fee [in an] account in the general revenue
17-19    fund.  Money in the account may be appropriated only to [state
17-20    treasury to the credit of] the department to be used to process and
17-21    investigate applications filed under this chapter and to administer
17-22    this chapter.
17-23          SECTION 21.  Section 144.077, Health and Safety Code, is
17-24    amended to read as follows:
17-25          Sec. 144.077.  HEARINGS AND JUDICIAL REVIEW.  (a)  A hearing
17-26    held under this chapter is subject to Chapter 2001, Government
17-27    Code.
 18-1          (b)  A person aggrieved by a final decision under this
 18-2    chapter is entitled to judicial review.
 18-3          (c) [(b)]  The manner of judicial review is by substantial
 18-4    evidence review [trial de novo].
 18-5          SECTION 22.  Sections 144.078(a) and (c), Health and Safety
 18-6    Code, are amended to read as follows:
 18-7          (a)  On request of the [The] department, the attorney general
 18-8    may bring an action in any district court of this state that has
 18-9    jurisdiction and venue for an injunction to compel compliance with
18-10    this chapter or to restrain any actual or threatened violation of
18-11    this chapter.
18-12          (c)  The attorney general on behalf of the department may
18-13    bring an action under Subsection (a) in addition to any other
18-14    action provided by this chapter and without prejudice to that
18-15    action.
18-16          SECTION 23.  Section 144.079, Health and Safety Code, is
18-17    amended to read as follows:
18-18          Sec. 144.079.  [PROCESSING ANIMALS FOR HUMAN CONSUMPTION]
18-19    PROHIBITED ACTS.  (a)  A person may not receive, hold, slaughter,
18-20    butcher, or otherwise process any animal as food for human
18-21    consumption in a building or compartmented area of a building used
18-22    as a rendering establishment or related station.
18-23          (b)  A person may not steal, misappropriate, contaminate, or
18-24    damage recyclable cooking oil or containers of recyclable cooking
18-25    oil.
18-26          (c)  A renderer, hauler, or any other person may not:
18-27                (1)  take possession of recyclable cooking oil from an
 19-1    unlicensed hauler or an employee or contractor of an unlicensed
 19-2    hauler; or
 19-3                (2)  knowingly take possession of stolen recyclable
 19-4    cooking oil.
 19-5          SECTION 24.  Sections 144.082(a) and (c), Health and Safety
 19-6    Code, are amended to read as follows:
 19-7          (a)  An administrative penalty may be assessed only after a
 19-8    person notified of [charged with] a violation is given an
 19-9    opportunity for a hearing.
19-10          (c)  If the person notified of [charged with] the violation
19-11    does not request a hearing, the commissioner may assess a penalty
19-12    after determining that a violation has occurred and the amount of
19-13    the penalty that may be warranted.
19-14          SECTION 25.  This Act takes effect September 1, 1999.
19-15          SECTION 26.  (a)  This Act applies only to conduct occurring
19-16    on or after January 1, 2000.
19-17          (b)  A person who is required to be licensed under Section
19-18    144.011, Health and Safety Code, as amended by this Act, and who
19-19    was not required to be licensed under that section before amendment
19-20    by this Act, is not required to be licensed under that section
19-21    before January 1, 2000.
19-22          (c)  An owner of a  vehicle is not required to hold a permit
19-23    for the vehicle under Section 144.023, Health and Safety Code, as
19-24    amended by this Act, before January 1, 2000.
19-25          SECTION 27.  The importance of this legislation and the
19-26    crowded condition of the calendars in both houses create an
19-27    emergency and an imperative public necessity that the
 20-1    constitutional rule requiring bills to be read on three several
 20-2    days in each house be suspended, and this rule is hereby suspended.