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 garbage to swine in all or
2-15 part of the state if the commission or the commissioner determines
2-16 that the practice presents a danger to public health or the
2-17 livestock industry, including any danger related to an insect
2-18 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) The commission, in cooperation with the department and
2-23 any other appropriate state agencies and political subdivisions,
2-24 shall:
2-25 (1) attempt to inform each supplier of restricted
2-26 garbage and each individual feeding garbage to swine of the
2-27 provisions of this section;
3-1 (2) assist garbage feeding facilities and individuals
3-2 feeding garbage to swine in identifying a source for obtaining
3-3 unrestricted garbage; and
3-4 (3) adopt measures designed to ensure compliance with
3-5 this section.
3-6 (h) [(d)] In this section:
3-7 (1) [,] "Restricted garbage" includes:
3-8 (A) the animal [or vegetable] refuse matter and
3-9 the putrescible animal [or vegetable] waste resulting from
3-10 handling, preparing, cooking, or consuming food containing all or
3-11 part of an animal carcass;
3-12 (B) [,] the animal waste material by-products or
3-13 commingled animal and vegetable waste material by-products of a
3-14 restaurant, kitchen, cookery, or slaughterhouse; [,] and
3-15 (C) refuse accumulations of animal matter or
3-16 commingled animal and vegetable matter, liquid or otherwise.
3-17 (2) "Unrestricted garbage" includes the vegetable,
3-18 fruit, dairy, or baked goods refuse matter and vegetable waste and
3-19 refuse accumulations resulting from handling, preparing, cooking,
3-20 or consuming food containing only vegetable matter, liquid or
3-21 otherwise.
3-22 SECTION 2. A violation of Section 165.026(a) or (b),
3-23 Agriculture Code, as amended by this Act, is an offense under
3-24 Section 165.041, Agriculture Code, only if each element of the
3-25 violation occurs on or after December 1, 2001. An offense under
3-26 Section 165.041 for a violation of Section 165.026(a) or (b)
3-27 committed before December 1, 2001, is governed by the law in
4-1 effect when the offense was committed, and the former law is
4-2 continued in effect for that purpose.
4-3 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3673 was passed by the House on April
24, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3673 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3673 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor