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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints regarding odors emanating from poultry |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.068, Health and Safety Code, is |
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amended by amending subsection (d) and adding subsection (d-1) to |
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read as follows: |
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Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO |
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COMPLAINTS. (a) In this section, "poultry facility" and "poultry |
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litter" have the meanings assigned by Section 26.301, Water Code. |
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(b) The commission shall respond and investigate not later |
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than 18 hours after receiving: |
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(1) a second complaint against a poultry facility |
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concerning odor associated with: |
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(A) the facility; or |
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(B) the application of poultry litter to land by |
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the poultry facility; or |
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(2) a complaint concerning odor from a poultry |
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facility at which the commission has substantiated odor nuisance |
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conditions in the previous 12 months. |
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(c) If after the investigation the commission determines |
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that a poultry facility is violating the terms of its air quality |
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authorization or is creating a nuisance, the commission shall issue |
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a notice of violation. |
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(d) The commission by rule or order shall require the owner |
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or operator of a poultry facility for which the commission has |
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issued conducted three notices of violationcomplaint |
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investigations under this section during a 12-month period to: |
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(1) enter into undergo a comprehensive compliance |
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agreement with the commission. The compliance agreementassessment |
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by the State Soil and Water Conservation Board of the |
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implementation of the approved water quality management plan. This |
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assessment must include an evaluation of the odor control plan that |
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the e1cecutive director determines to determine if it is sufficient |
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to control odors; or |
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(2) develop an odor control plan under Sec. |
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26.302(b-3) of the Texas Water Code if the poultry facility was not |
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previously required to have one. |
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(d-1) The Commission shall issue a violation if the owner or |
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operator: |
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(1) fails to have an approved water quality management |
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plan; |
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(2) fails to implement corrective actions to findings |
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from the assessment of the water quality management plan; or |
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(3) fails to develop an odor control plan after being |
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required to do so under subsection (d)(1) of this section. |
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(e) The owner or operator of a new poultry facility shall |
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complete a poultry facility training course on the prevention of |
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poultry facility odor nuisances from the poultry science unit of |
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the Texas AgriLife Extension Service not later than the 90th day |
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after the date the facility first accepts poultry to raise. The |
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owner or operator of a new poultry facility shall maintain records |
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of the training and make the records available to the commission for |
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inspection. |
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(f) The poultry science unit of the Texas AgriLife Extension |
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Service may charge an owner or operator of a poultry facility a |
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training fee to offset the direct cost of providing the training. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |