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.