By Swinford                                           H.B. No. 3673
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the control of diseases of swine by the Texas Animal
 1-3     Health Commission and the Texas Department of Agriculture.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 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 garbage to swine unless[:]
 1-9                 [(1)]  the person first registers with and secures a
1-10     permit from the commission [;and]
1-11                 [(2)  the garbage has been heated to a temperature of
1-12     212 degrees Fahrenheit for a period of 30 consecutive minutes
1-13     within 48 hours prior to feeding].
1-14           (b)  The commission may adopt rules for registration under
1-15     this section, including rules providing for registration issuance
1-16     [and] renewal[,] and revocation, disease tests, inspections, [and]
1-17     bookkeeping and appropriate handling and treatment of the garbage,
1-18     including appropriate cooking requirements.  The commission may
1-19     adopt rules to prohibit the feeding of garbage to swine in all or
1-20     in part of the state if the practice presents a danger to the
1-21     public health or livestock industry through insect infestation  or
1-22     through a communicable or noncommunicable disease.  Registration
1-23     with the commission shall be made on forms prescribed by the
 2-1     commission, and the commission shall furnish those forms on
 2-2     request.  The commission may impose a registration fee not to
 2-3     exceed $25 a year.
 2-4           (c)  This section does not apply to an individual who feeds
 2-5     garbage from the individual's own household, farm, or ranch to
 2-6     swine owned by the individual.
 2-7           (d)  In this section, "garbage" includes the animal or
 2-8     vegetable refuse matter and the putrescible animal or vegetable
 2-9     waste resulting from handling, preparing, cooking, or consuming
2-10     food containing all or part of an animal carcass, the animal or
2-11     commingled animal and vegetable waste material by-products of a
2-12     restaurant, kitchen, cookery, or slaughterhouse, and refuse
2-13     accumulations of animal or commingled animal and vegetable [or
2-14     vegetable] matter, liquid or otherwise.
2-15           (e)  The commission or the executive director may issue an
2-16     emergency administrative order to suspend a registration and order
2-17     the immediate quarantine and/or closure of any garbage feeding
2-18     facility due to an immediate threat to the health and safety of the
2-19     public or livestock.  An order is valid for a period not to exceed
2-20     two months after the effective date of the order.
2-21           SECTION 2.  Chapter 165.041, Agriculture Code, is amended to
2-22     read as follows:
2-23           Sec. 165.041.  General Penalty. (a)  A person commits an
2-24     offense if the person violates a provision of Subchapter B of this
2-25     chapter or a rule adopted under that subchapter.
2-26           (b)  A person commits an offense if a person provides or
 3-1     allows garbage to be fed to swine of Subchapter B of this chapter
 3-2     or a rule adopted under this chapter.
 3-3           [(b)] (c)  An offense under this section is a Class C
 3-4     misdemeanor unless it is shown on the trial of the offense that the
 3-5     defendant has been previously convicted under this section, in
 3-6     which event the offense is a Class B misdemeanor.
 3-7           [(c)] (d)  A person commits a separate offense for each day
 3-8     of violation.