By Swinford, Miller                                   H.B. No. 3673
         77R12397 BDH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to feeding certain garbage to swine; providing a criminal
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 165.026, Agriculture Code, is amended to
 1-6     read as follows:
 1-7           Sec. 165.026.  FEEDING GARBAGE TO SWINE. (a)  A person may
 1-8     not feed restricted garbage to swine or provide restricted garbage
 1-9     to any person for the purpose of feeding swine, except that a
1-10     facility operated by the Texas Department of Criminal Justice may
1-11     feed restricted garbage to swine if the garbage is properly treated
1-12     in accordance with applicable federal requirements.
1-13           (b)  A person may feed unrestricted garbage to swine only if
1-14     [unless:]
1-15                 [(1)]  the person first registers with and secures a
1-16     permit from the commission [; and]
1-17                 [(2)  the garbage has been heated to a temperature of
1-18     212 degrees Fahrenheit for a period of 30 consecutive minutes
1-19     within 48 hours prior to feeding].
1-20           (c) [(b)]  The commission may adopt rules for registration
1-21     under this section, including rules providing for registration
1-22     issuance, revocation, and renewal, disease tests, inspections,
1-23     [and] bookkeeping, and appropriate handling and treatment of
1-24     unrestricted garbage.  Registration with the commission shall be
 2-1     made on forms prescribed by the commission, and the commission
 2-2     shall furnish those forms on request.  The commission may impose a
 2-3     registration fee not to exceed $25 a year.
 2-4           (d)  The commission or the executive director of the
 2-5     commission may issue an emergency administrative order to suspend a
 2-6     registration under this section or require the immediate quarantine
 2-7     and closure of a garbage feeding facility if the commission or the
 2-8     executive director determines that the practice presents a danger
 2-9     to public health or the livestock industry, including any danger
2-10     related to an insect infestation or the transmission of a disease.
2-11     An order must expire not later than the end of the second month
2-12     after the effective date of the order.
2-13           (e)  The commission or the commissioner may issue an order
2-14     prohibiting the feeding of restricted or unrestricted garbage to
2-15     swine in all or part of the state if the commission or the
2-16     commissioner determines that the practice presents a danger to
2-17     public health or the livestock industry, including any danger
2-18     related to an insect infestation or the transmission of a disease.
2-19           (f) [(c)]  This section does not apply to an individual who
2-20     feeds unrestricted garbage from the individual's own household,
2-21     farm, or ranch to swine owned by the individual.
2-22           (g) [(d)]  In this section:
2-23                 (1)  [,] "Restricted garbage" includes:
2-24                       (A)  the animal [or vegetable] refuse matter and
2-25     the putrescible animal [or vegetable] waste resulting from
2-26     handling, preparing, cooking, or consuming food containing all or
2-27     part of an animal carcass;
 3-1                       (B)  [,] the animal waste material by-products or
 3-2     commingled animal and vegetable waste material by-products of a
 3-3     restaurant, kitchen, cookery, or slaughterhouse; [,] and
 3-4                       (C)  refuse accumulations of animal matter or
 3-5     commingled animal and vegetable matter, liquid or otherwise.
 3-6                 (2)  "Unrestricted garbage" includes the vegetable,
 3-7     fruit, dairy, or baked goods refuse matter and vegetable waste and
 3-8     refuse accumulations resulting from handling, preparing, cooking,
 3-9     or consuming food containing only vegetable matter, liquid or
3-10     otherwise.
3-11           SECTION 2.  A violation of Section 165.026(a) or (b),
3-12     Agriculture Code, as amended by this Act, is an offense under
3-13     Section 165.041, Agriculture Code, only if each element of the
3-14     violation occurs on or after December 1, 2001.  An offense under
3-15     Section 165.041 for a violation of Section 165.026(a) or (b)
3-16     committed before December  1, 2001, is governed by the law in
3-17     effect when the offense was committed, and the former law is
3-18     continued in effect for that purpose.
3-19           SECTION 3.  This Act takes effect September 1, 2001.