1-1 By: Swinford, Miller (Senate Sponsor - Bivins) H.B. No. 3673
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 11, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 May 11, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3673 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to feeding certain garbage to swine; providing a criminal
1-11 penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 165.026, Agriculture Code, is amended to
1-14 read as follows:
1-15 Sec. 165.026. FEEDING GARBAGE TO SWINE. (a) A person may
1-16 not feed restricted garbage to swine or provide restricted garbage
1-17 to any person for the purpose of feeding swine, except that a
1-18 facility operated by the Texas Department of Criminal Justice may
1-19 feed restricted garbage to swine if the garbage is properly treated
1-20 in accordance with applicable federal requirements.
1-21 (b) A person may feed unrestricted garbage to swine only if
1-22 [unless:]
1-23 [(1)] the person first registers with and secures a
1-24 permit from the commission [; and]
1-25 [(2) the garbage has been heated to a temperature of
1-26 212 degrees Fahrenheit for a period of 30 consecutive minutes
1-27 within 48 hours prior to feeding].
1-28 (c) [(b)] The commission may adopt rules for registration
1-29 under this section, including rules providing for registration
1-30 issuance, revocation, and renewal, disease tests, inspections,
1-31 [and] bookkeeping, and appropriate handling and treatment of
1-32 unrestricted garbage. Registration with the commission shall be
1-33 made on forms prescribed by the commission, and the commission
1-34 shall furnish those forms on request. The commission may impose a
1-35 registration fee not to exceed $25 a year.
1-36 (d) The commission or the executive director of the
1-37 commission may issue an emergency administrative order to suspend a
1-38 registration under this section or require the immediate quarantine
1-39 and closure of a garbage feeding facility if the commission or the
1-40 executive director determines that the practice presents a danger
1-41 to public health or the livestock industry, including any danger
1-42 related to an insect infestation or the transmission of a disease.
1-43 An order must expire not later than the end of the second month
1-44 after the effective date of the order.
1-45 (e) The commission or the commissioner may issue an order
1-46 prohibiting the feeding of restricted garbage to swine in all or
1-47 part of the state if the commission or the commissioner determines
1-48 that the practice presents a danger to public health or the
1-49 livestock industry, including any danger related to an insect
1-50 infestation or the transmission of a disease.
1-51 (f) [(c)] This section does not apply to an individual who
1-52 feeds unrestricted garbage from the individual's own household,
1-53 farm, or ranch to swine owned by the individual.
1-54 (g) The commission, in cooperation with the department and
1-55 any other appropriate state agencies and political subdivisions,
1-56 shall:
1-57 (1) attempt to inform each supplier of restricted
1-58 garbage and each individual feeding garbage to swine of the
1-59 provisions of this section;
1-60 (2) assist garbage feeding facilities and individuals
1-61 feeding garbage to swine in identifying a source for obtaining
1-62 unrestricted garbage; and
1-63 (3) adopt measures designed to ensure compliance with
1-64 this section.
2-1 (h) [(d)] In this section:
2-2 (1) [,] "Restricted garbage" includes:
2-3 (A) the animal [or vegetable] refuse matter and
2-4 the putrescible animal [or vegetable] waste resulting from
2-5 handling, preparing, cooking, or consuming food containing all or
2-6 part of an animal carcass;
2-7 (B) [,] the animal waste material by-products or
2-8 commingled animal and vegetable waste material by-products of a
2-9 restaurant, kitchen, cookery, or slaughterhouse; [,] and
2-10 (C) refuse accumulations of animal matter or
2-11 commingled animal and vegetable matter, liquid or otherwise.
2-12 (2) "Unrestricted garbage" includes the vegetable,
2-13 fruit, dairy, or baked goods refuse matter and vegetable waste and
2-14 refuse accumulations resulting from handling, preparing, cooking,
2-15 or consuming food containing only vegetable matter, liquid or
2-16 otherwise.
2-17 SECTION 2. A violation of Section 165.026(a) or (b),
2-18 Agriculture Code, as amended by this Act, is an offense under
2-19 Section 165.041, Agriculture Code, only if each element of the
2-20 violation occurs on or after December 1, 2001. An offense under
2-21 Section 165.041 for a violation of Section 165.026(a) or (b)
2-22 committed before December 1, 2001, is governed by the law in
2-23 effect when the offense was committed, and the former law is
2-24 continued in effect for that purpose.
2-25 SECTION 3. This Act takes effect September 1, 2001.
2-26 * * * * *