1-1 By: Carona S.B. No. 1532
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 9, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 9, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1532 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of renderers.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 144.002, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 144.002. DEFINITIONS. In this chapter:
1-15 (1) "Dead animal" means the whole or substantially
1-16 whole carcass of a dead or fallen domestic animal, or domesticated
1-17 wild animal, that was not slaughtered for human consumption.
1-18 (2) "Dead animal hauler" means a person who collects
1-19 and disposes of dead animals for commercial purposes.
1-20 (3) "Disposal" means the burying, burning, cooking,
1-21 processing, or rendering of dead animals or of renderable raw
1-22 materials.
1-23 (4) "Employee" means a person who:
1-24 (A) is a legal employee of [employed in or by] a
1-25 rendering establishment; and
1-26 (B) handles or operates rendering equipment,
1-27 utensils, containers, vehicles, or packaging materials owned or
1-28 leased by the rendering establishment.
1-29 (5) "Nuisance" means any situation or condition that
1-30 constitutes a nuisance under Section 341.011.
1-31 (6) "Person" means an individual, firm, partnership,
1-32 association, corporation, trust, company, or organization, and
1-33 includes an agent, officer, or employee of that individual or
1-34 entity.
1-35 (7) "Processing" means an operation or combination of
1-36 operations through which materials derived from a dead animal or
1-37 renderable raw material sources are:
1-38 (A) prepared for disposal at a rendering
1-39 establishment;
1-40 (B) stored; or
1-41 (C) treated for commercial use or disposition,
1-42 other than as food for human consumption.
1-43 (8) "Related station" means an operation or facility
1-44 that is necessary[, useful,] or incidental to the operation of a
1-45 rendering establishment and that is operated or maintained
1-46 separately from the rendering establishment.
1-47 (9) "Rendering business" means the collection,
1-48 transportation, disposal, or storage of dead animals or renderable
1-49 raw materials for commercial purposes at locations where dead
1-50 animals or renderable raw materials are rendered, boiled,
1-51 processed, stored, transferred, or otherwise prepared, either as a
1-52 separate business or in connection with any other established
1-53 business.
1-54 (10) "Rendering establishment" means an establishment
1-55 or part of an establishment, a plant, or any other premises at
1-56 which dead animals or renderable raw materials are rendered,
1-57 boiled, processed, or otherwise prepared to obtain a product for
1-58 commercial use or disposition, other than as food for human
1-59 consumption. The term includes all other operations and
1-60 facilities[, other than a related station,] that are necessary[,
1-61 useful,] or incidental to the establishment.
1-62 (11) "Renderable raw material" means any unprocessed
1-63 or partially processed material of animal or plant origin, other
1-64 than a dead animal, that is processed by rendering establishments.
2-1 The term includes:
2-2 (A) animals, poultry, or fish slaughtered or
2-3 processed for human consumption but that are unsuitable for that
2-4 use;
2-5 (B) the inedible products and by-products of
2-6 animals, poultry, or fish slaughtered or processed for human
2-7 consumption;
2-8 (C) parts from dead animals;
2-9 (D) whole or partial carcasses of dead poultry
2-10 or fish; [and]
2-11 (E) waste cooking greases; and
2-12 (F) recyclable cooking oil.
2-13 (12) "Recyclable cooking oil" means any unprocessed or
2-14 partially processed grease, fat, or oil previously used in the
2-15 cooking or preparation of food for human consumption and intended
2-16 for recycling by being used or reused as:
2-17 (A) an ingredient in a process to make a
2-18 product; or
2-19 (B) an effective substitute for a commercial
2-20 product.
2-21 (13) "Renderable raw material hauler" means a person
2-22 who collects or transports [and disposes of] renderable raw
2-23 materials for commercial purposes.
2-24 (14) [(13)] "Transfer station" means a facility
2-25 [related station] at which [dead animals or] renderable raw
2-26 materials are transferred from one conveyance to another.
2-27 (15) "Waste cooking grease" means any unprocessed or
2-28 partially processed grease, fat, or oil previously used in the
2-29 cooking or preparation of food for human consumption and no longer
2-30 suitable for such use.
2-31 SECTION 2. Subsection (b), Section 144.003, Health and
2-32 Safety Code, is amended to read as follows:
2-33 (b) This chapter does not affect a municipality's power to
2-34 regulate by ordinance rendering businesses within the boundaries of
2-35 the municipality. However, each rendering establishment, related
2-36 station, transfer station, dead animal hauler, or renderable raw
2-37 material hauler subject to a municipal ordinance shall comply with
2-38 this chapter.
2-39 SECTION 3. Section 144.011, Health and Safety Code, is
2-40 amended to read as follows:
2-41 Sec. 144.011. LICENSE REQUIRED. (a) A person may not
2-42 operate a rendering business, or any adjunct to a rendering
2-43 business, without having a rendering establishment operating
2-44 license issued by the department or another appropriate operating
2-45 license under this section.
2-46 (b) A person may not operate or maintain a related station
2-47 without a related station operating license issued by the
2-48 department [unless:]
2-49 [(1) the person is an employee of a rendering
2-50 establishment that the station serves; or]
2-51 [(2) the related station is a part or subsidiary of a
2-52 rendering establishment that the station serves].
2-53 (c) A person may not operate or maintain a transfer station
2-54 without a transfer station operating license issued by the
2-55 department.
2-56 (d) A person may not operate as a dead animal hauler without
2-57 a dead animal hauler operating license issued by the department
2-58 unless the person[:]
2-59 [(1)] is an employee of a rendering establishment [or
2-60 related station served by the person; or]
2-61 [(2) does not operate separately from the rendering
2-62 establishments or related stations served by the person].
2-63 (e) [(d)] A person may not operate as a renderable raw
2-64 material hauler without a renderable raw material hauler operating
2-65 license issued by the department unless the person[:]
2-66 [(1)] is an employee of a rendering establishment [or
2-67 related station served by the person; or]
2-68 [(2) does not operate separately from the rendering
2-69 establishments or related stations served by the person].
3-1 SECTION 4. Subsection (a), Section 144.012, Health and
3-2 Safety Code, is amended to read as follows:
3-3 (a) Unless the person also performs rendering operations or
3-4 processes, this chapter does not apply to a person who:
3-5 (1) slaughters, butchers, manufactures, or sells
3-6 animal flesh or products only for use as food for human
3-7 consumption; [or]
3-8 (2) transports or disposes of the bodies of animals
3-9 killed for use as food for human consumption, or the products of
3-10 those bodies, only for that purpose and use; or
3-11 (3) is an individual and who disposes of the
3-12 individual's own animal.
3-13 SECTION 5. Subsections (a) and (f), Section 144.013, Health
3-14 and Safety Code, are amended to read as follows:
3-15 (a) To be considered by the department for an operating
3-16 license, a person must submit a sworn application to the
3-17 department. The application must:
3-18 (1) state whether the applicant intends to operate as
3-19 a rendering establishment, related station, transfer station, dead
3-20 animal hauler, or renderable raw material hauler;
3-21 (2) state the location from which the business is to
3-22 be conducted; and
3-23 (3) include other relevant information required by the
3-24 department to determine the applicant's compliance with the
3-25 operating procedures established under Subchapter C.
3-26 (f) If the department denies an application twice, the
3-27 application is canceled. The applicant is entitled to a hearing
3-28 before the commissioner on the denial if the applicant requests the
3-29 hearing not later than the 30th day after the date of the second
3-30 denial. [The hearing must be conducted not later than the 30th day
3-31 after the date of the request.]
3-32 SECTION 6. Subsection (b), Section 144.021, Health and
3-33 Safety Code, is amended to read as follows:
3-34 (b) As a condition of licensure, the department may
3-35 prescribe other reasonable and appropriate construction,
3-36 operational, maintenance, and inspection requirements to ensure
3-37 compliance with this chapter and applicable rules of the department
3-38 [Each holder of an operating license shall comply with the specific
3-39 operating procedures established under this subchapter].
3-40 SECTION 7. Section 144.023, Health and Safety Code, is
3-41 amended to read as follows:
3-42 Sec. 144.023. VEHICLES; PERMIT REQUIRED. (a) A vehicle
3-43 used to transport dead animals or renderable raw materials to or
3-44 from a rendering establishment must:
3-45 (1) be leak-proof and maintained in a manner that
3-46 precludes the creation of a nuisance; and
3-47 (2) comply with each applicable requirement for
3-48 operation on the public roads or highways, including applicable
3-49 insurance requirements and gross vehicle weight limitations.
3-50 (b) A collection vehicle shall be held to a minimum number
3-51 of stops, and the stops shall be brief, while traveling to the
3-52 establishment with dead animals or renderable raw materials. Each
3-53 collection vehicle shall be washed and sanitized at the end of each
3-54 day's operations.
3-55 (c) A truck bed used to transport dead animals or renderable
3-56 raw materials shall be thoroughly washed and sanitized before use
3-57 for the transport of finished rendered products. A truck bed used
3-58 to transport dead animals or renderable raw materials to a
3-59 rendering establishment, or to transfer finished rendered products
3-60 from an establishment, shall, before being used to transport any
3-61 product intended for human consumption, be thoroughly sanitized
3-62 with a bactericidal agent that is determined by the department to
3-63 be safe in a rendering establishment. A truck bed may not be used
3-64 to transport dead animals or renderable raw materials at the same
3-65 time the truck bed or any part of the truck bed is used to
3-66 transport any product intended for human consumption,
3-67 notwithstanding the manner in which part of the truck bed is sealed
3-68 or separated from the remainder of the bed.
3-69 (d) The owner of a vehicle may not operate the vehicle on
4-1 public roads and highways to haul dead animals or renderable raw
4-2 materials unless the owner holds a permit for the vehicle issued by
4-3 the department. To obtain a permit for the vehicle from the
4-4 department, the owner must provide to the department:
4-5 (1) the owner's name and address;
4-6 (2) a description of the operations to be performed
4-7 under the registration;
4-8 (3) the year, make, model, license plate number, and
4-9 manufacturer's vehicle identification number for the vehicle;
4-10 (4) a list of names of drivers employed by the hauler
4-11 to drive the vehicle and their driver's license numbers; and
4-12 (5) any other information required by the department.
4-13 (e) The department may require that a dead animal or
4-14 renderable raw material hauling vehicle conspicuously display a
4-15 permit decal issued by the department and the number and license
4-16 holder's name for any operating license required under Section
4-17 144.011. As a condition of issuance and maintenance of the permit,
4-18 the department may require that the vehicle comply with any other
4-19 construction, operational, maintenance, inspection, and marking
4-20 requirements as prescribed by the department.
4-21 SECTION 8. Section 144.024, Health and Safety Code, is
4-22 amended by adding Subsection (d) to read as follows:
4-23 (d) If a person intends to use oil or grease as an
4-24 ingredient in livestock feed or in topical cosmetic products, the
4-25 person may not contaminate or commingle waste cooking greases or
4-26 recyclable cooking oils with grease trap waste, grit trap waste, or
4-27 any other substance that would render the greases or oils harmful
4-28 or otherwise unsuitable for use as an ingredient in livestock feed
4-29 or in topical cosmetic products.
4-30 SECTION 9. Section 144.030, Health and Safety Code, is
4-31 amended to read as follows:
4-32 Sec. 144.030. COLLECTION CONTAINER REQUIREMENTS. (a) A
4-33 container in which dead animals or renderable raw materials are
4-34 accumulated by a producer at collecting points for pickup by a dead
4-35 animal hauler or renderable raw material hauler must remain on the
4-36 premises at each collecting point [and may not be replaced or
4-37 exchanged by the hauler or returned to a rendering establishment].
4-38 (b) The owner of the containers [producer of the materials]
4-39 shall maintain the containers in a leak-proof [clean] and sanitary
4-40 condition and shall replace them as necessary.
4-41 (c) The transportation, delivery, transfer, loading, and
4-42 off-loading of dead animals and renderable raw materials shall be
4-43 performed in a manner that prevents the release of animal parts and
4-44 spills or leaks of renderable raw materials from containers. A
4-45 release of dead animal parts or spill or leak of renderable raw
4-46 materials shall immediately be cleaned up and reported in the log
4-47 required by Section 144.022 [This section does not apply to the
4-48 containers of a producer who collects and accumulates the materials
4-49 only in areas separated from areas in which the producer receives,
4-50 holds, slaughters, butchers, or otherwise processes or prepares any
4-51 animal or animal part as food for human consumption].
4-52 SECTION 10. Section 144.031, Health and Safety Code, is
4-53 amended by adding Subsection (c) to read as follows:
4-54 (c) A person licensed under this chapter may not purchase
4-55 renderable raw materials from a renderable raw material hauler who
4-56 is not licensed under this chapter.
4-57 SECTION 11. Section 144.041, Health and Safety Code, is
4-58 amended to read as follows:
4-59 Sec. 144.041. PERMIT REQUIRED. (a) Except as provided by
4-60 Section 144.042, a person may not construct a new rendering
4-61 establishment or engage in construction involving an addition or
4-62 replacement at a rendering establishment without a construction
4-63 permit issued by the department.
4-64 (b) Except as provided by Section 144.042, a person may not
4-65 construct a new related station or engage in construction involving
4-66 an addition or replacement at a related station without a
4-67 construction permit issued by the department [unless the
4-68 construction is conducted in connection with construction at a
4-69 rendering establishment covered by a construction permit issued
5-1 under Subsection (a)].
5-2 (c) Except as provided by Section 144.042, a person may not
5-3 construct a new transfer station or engage in construction
5-4 involving an addition or replacement at a transfer station without
5-5 a construction permit issued by the department.
5-6 (d) Construction at a rendering business [related station]
5-7 is subject to the construction and layout requirements established
5-8 under Subchapter E.
5-9 SECTION 12. Section 144.042, Health and Safety Code, is
5-10 amended to read as follows:
5-11 Sec. 144.042. EXEMPTION FROM PERMIT REQUIREMENT. A
5-12 construction permit from the department for the construction of a
5-13 new rendering business [establishment or new related station] or
5-14 for construction at a rendering business [establishment or related
5-15 station] is not required if the cost to the rendering business
5-16 [establishment or related station] is less than $10,000. However,
5-17 the construction and layout requirements established under
5-18 Subchapter E apply to the construction.
5-19 SECTION 13. Subsections (a) and (e), Section 144.043, Health
5-20 and Safety Code, are amended to read as follows:
5-21 (a) To receive a construction permit, a person must submit a
5-22 sworn application to the department. The application must:
5-23 (1) describe the type of construction proposed,
5-24 whether the construction is of a new rendering establishment, [or]
5-25 related station, or transfer station or additions or replacements;
5-26 (2) specify when the proposed construction is to
5-27 occur; and
5-28 (3) include other relevant information required by the
5-29 department to determine the applicant's compliance with the
5-30 requirements of Subchapter E.
5-31 (e) If the department denies an application twice, the
5-32 application is canceled. The applicant is entitled to a hearing
5-33 before the commissioner on the denial if the applicant requests the
5-34 hearing not later than the 30th day after the date of the second
5-35 denial. [The hearing must be conducted not later than the 30th day
5-36 after the date of the request.]
5-37 SECTION 14. Section 144.051, Health and Safety Code, is
5-38 amended to read as follows:
5-39 Sec. 144.051. RENDERING ESTABLISHMENT AND RELATED STATION
5-40 CONSTRUCTION. (a) All construction of a rendering establishment,
5-41 [or] related station, or transfer station subject to this chapter
5-42 must:
5-43 (1) provide for sanitary operations and environmental
5-44 conditions;
5-45 (2) prevent the spread of disease-producing organisms
5-46 and infectious or noxious materials; and
5-47 (3) prevent the development of a malodorous condition
5-48 or a nuisance.
5-49 (b) Except to the extent the department grants a written
5-50 variance from a requirement, each [Each] construction permit holder
5-51 shall comply with the specific requirements established under this
5-52 subchapter. The department may grant a variance from the
5-53 requirements of this subchapter if the department determines that
5-54 construction or operational features established at a rendering
5-55 establishment will provide protection for public health and safety
5-56 equivalent to that afforded by the requirements of this subchapter.
5-57 SECTION 15. Subsections (b) and (d), Section 144.063, Health
5-58 and Safety Code, are amended to read as follows:
5-59 (b) An operating license is valid for one year and may be
5-60 renewed annually by the license holder. The department shall set
5-61 an annual renewal fee [is the same as the original license fee for
5-62 that license].
5-63 (d) If the renewal fee is not paid before the expiration of
5-64 the 15th day after the date on which written notice of delinquency
5-65 is given to the license holder by the department, the license
5-66 expires unless the department grants an extension [license holder
5-67 shows good cause for failure] to renew. After an operating license
5-68 expires, a new application for the license must be submitted.
5-69 SECTION 16. Section 144.064, Health and Safety Code, is
6-1 amended to read as follows:
6-2 Sec. 144.064. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
6-3 OR PERMIT; REINSTATEMENT. (a) The commissioner may deny, suspend,
6-4 or revoke an operating license, [or] construction permit, or
6-5 renewal of an operating license or construction permit if the
6-6 commissioner finds that:
6-7 (1) the license holder or permit holder has
6-8 [knowingly] violated this chapter or a rule or order adopted under
6-9 this chapter or did not exercise due care to prevent the violation;
6-10 or
6-11 (2) a fact or condition exists that would have
6-12 justified the denial of the license or permit application if the
6-13 fact or condition was known at the time the original application
6-14 was filed.
6-15 (b) On the discovery of such a violation, the commissioner
6-16 shall notify the license holder or permit holder of the violation
6-17 [and shall allow a reasonable period for correction]. If the
6-18 license holder or permit holder fails to make the necessary
6-19 corrections, the department shall notify the license holder or
6-20 permit holder of a hearing to suspend or revoke the license or
6-21 permit.
6-22 (c) The commissioner may reinstate a suspended license or
6-23 permit, or may issue a new license or permit to a person whose
6-24 license or permit has been revoked, if a ground to deny the
6-25 original license or permit application does not exist.
6-26 SECTION 17. Subsections (a) and (c), Section 144.071, Health
6-27 and Safety Code, are amended to read as follows:
6-28 (a) At least once each year and at other times as the
6-29 department considers necessary, the department shall inspect the
6-30 place of business of each operating license holder, the vehicles of
6-31 each renderable raw material hauler, and the construction site of
6-32 each construction permit holder if construction is continuing.
6-33 (c) The department has free access to the place of business,
6-34 [or] construction site, or vehicle to conduct the inspection.
6-35 SECTION 18. Section 144.072, Health and Safety Code, is
6-36 amended to read as follows:
6-37 Sec. 144.072. FEES. (a) An application for an operating
6-38 license must be accompanied by an application fee [the applicable
6-39 fee, as follows:]
6-40 [(1) rendering establishment operating license: $300;]
6-41 [(2) related station operating license: $200;]
6-42 [(3) dead animal hauler operating license: $150;]
6-43 [(4) renderable raw material hauler operating license:
6-44 $150;]
6-45 [(5) combination dead animal and renderable raw
6-46 material hauler operating license: $150].
6-47 (b) An application for a construction permit must be
6-48 accompanied by a fee [the applicable fee]. Construction permit
6-49 fees must be [are] based on the dollar value at the cost to the
6-50 rendering establishment or related station of the construction[,
6-51 according to the following schedule:]
6-52 [(1) less than $10,000: no permit required;]
6-53 [(2) $10,000-$49,999: $100;]
6-54 [(3) $50,000-$99,999: $200;]
6-55 [(4) $100,000-$249,999: $500;]
6-56 [(5) $250,000 and over: $1,000].
6-57 (c) An application for a vehicle permit under Section
6-58 144.023 must be accompanied by a permit fee for each vehicle for
6-59 which a permit is to be issued.
6-60 (d) If an application is withdrawn not later than the fifth
6-61 day after the date on which it is received by the department, the
6-62 department shall refund the full amount of the application fee.
6-63 (e) The department by rule shall set the fees authorized by
6-64 this chapter in amounts that allow the department to recover the
6-65 annual expenditures of state funds by the department in:
6-66 (1) reviewing and acting on a license renewal or
6-67 registration;
6-68 (2) amending a license, renewal license, or
6-69 registration;
7-1 (3) inspecting a licensed facility or vehicles and
7-2 equipment regulated under this chapter; and
7-3 (4) implementing and enforcing this chapter, including
7-4 a rule or order adopted or a license issued under this chapter.
7-5 SECTION 19. Section 144.073, Health and Safety Code, is
7-6 amended to read as follows:
7-7 Sec. 144.073. ACCOUNT. All fees collected under this
7-8 chapter are payable to the department and shall be deposited to the
7-9 credit of the rendering fee [in an] account in the general revenue
7-10 fund. Money in the account may be appropriated only to [state
7-11 treasury to the credit of] the department to be used to process and
7-12 investigate applications filed under this chapter and to administer
7-13 this chapter.
7-14 SECTION 20. Section 144.077, Health and Safety Code, is
7-15 amended to read as follows:
7-16 Sec. 144.077. HEARINGS AND JUDICIAL REVIEW. (a) A hearing
7-17 held under this chapter is subject to Chapter 2001, Government
7-18 Code.
7-19 (b) A person aggrieved by a final decision under this
7-20 chapter is entitled to judicial review.
7-21 (c) [(b)] The manner of judicial review is by substantial
7-22 evidence review [trial de novo].
7-23 SECTION 21. Subsections (a) and (c), Section 144.078, Health
7-24 and Safety Code, are amended to read as follows:
7-25 (a) On request of the [The] department, the attorney general
7-26 may bring an action in any district court of this state that has
7-27 jurisdiction and venue for an injunction to compel compliance with
7-28 this chapter or to restrain any actual or threatened violation of
7-29 this chapter.
7-30 (c) The attorney general on behalf of the department may
7-31 bring an action under Subsection (a) in addition to any other
7-32 action provided by this chapter and without prejudice to that
7-33 action.
7-34 SECTION 22. Section 144.079, Health and Safety Code, is
7-35 amended to read as follows:
7-36 Sec. 144.079. [PROCESSING ANIMALS FOR HUMAN CONSUMPTION]
7-37 PROHIBITED ACTS. (a) A person may not receive, hold, slaughter,
7-38 butcher, or otherwise process any animal as food for human
7-39 consumption in a building or compartmented area of a building used
7-40 as a rendering establishment or related station.
7-41 (b) A person may not steal, misappropriate, contaminate, or
7-42 damage recyclable cooking oil or containers of recyclable cooking
7-43 oil.
7-44 (c) A renderer, hauler, or any other person may not:
7-45 (1) take possession of recyclable cooking oil from an
7-46 unlicensed hauler or an employee or contractor of an unlicensed
7-47 hauler; or
7-48 (2) knowingly take possession of stolen recyclable
7-49 cooking oil.
7-50 SECTION 23. Subsections (a) and (c), Section 144.082, Health
7-51 and Safety Code, are amended to read as follows:
7-52 (a) An administrative penalty may be assessed only after a
7-53 person notified of [charged with] a violation is given an
7-54 opportunity for a hearing.
7-55 (c) If the person notified of [charged with] the violation
7-56 does not request a hearing, the commissioner may assess a penalty
7-57 after determining that a violation has occurred and the amount of
7-58 the penalty that may be warranted.
7-59 SECTION 24. This Act takes effect September 1, 1999.
7-60 SECTION 25. (a) This Act applies only to conduct occurring
7-61 on or after January 1, 2000.
7-62 (b) A person who is required to be licensed under Section
7-63 144.011, Health and Safety Code, as amended by this Act, and who
7-64 was not required to be licensed under that section before amendment
7-65 by this Act, is not required to be licensed under that section
7-66 before January 1, 2000.
7-67 (c) An owner of a vehicle is not required to hold a permit
7-68 for the vehicle under Section 144.023, Health and Safety Code, as
7-69 amended by this Act, before January 1, 2000.
8-1 SECTION 26. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended.
8-6 * * * * *