HEALTH & SAFETY CODE
CHAPTER 144. RENDERERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 144.001. SHORT TITLE. This chapter may be cited as
the Texas Renderers' Licensing Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.002. DEFINITIONS. In this chapter:
(1) "Dead animal" means the whole or substantially
whole carcass of a dead or fallen domestic animal, or domesticated
wild animal, that was not slaughtered for human consumption.
(2) "Dead animal hauler" means a person who collects
and disposes of dead animals for commercial purposes.
(3) "Disposal" means the burying, burning, cooking,
processing, or rendering of dead animals or of renderable raw
materials.
(4) "Employee" means a person who:
(A) is a legal employee of a rendering
establishment; and
(B) handles or operates rendering equipment,
utensils, containers, vehicles, or packaging materials owned or
leased by the rendering establishment.
(5) "Nuisance" means any situation or condition that
constitutes a nuisance under Section 341.011.
(6) "Person" means an individual, firm, partnership,
association, corporation, trust, company, or organization, and
includes an agent, officer, or employee of that individual or
entity.
(7) "Processing" means an operation or combination of
operations through which materials derived from a dead animal or
renderable raw material sources are:
(A) prepared for disposal at a rendering
establishment;
(B) stored; or
(C) treated for commercial use or disposition,
other than as food for human consumption.
(8) "Related station" means an operation or facility
that is necessary or incidental to the operation of a rendering
establishment and that is operated or maintained separately from
the rendering establishment.
(9) "Rendering business" means the collection,
transportation, disposal, or storage of dead animals or renderable
raw materials for commercial purposes at locations where dead
animals or renderable raw materials are rendered, boiled,
processed, stored, transferred, or otherwise prepared, either as a
separate business or in connection with any other established
business.
(10) "Rendering establishment" means an establishment
or part of an establishment, a plant, or any other premises at which
dead animals or renderable raw materials are rendered, boiled,
processed, or otherwise prepared to obtain a product for commercial
use or disposition, other than as food for human consumption. The
term includes all other operations and facilities that are
necessary or incidental to the establishment.
(11) "Renderable raw material" means any unprocessed
or partially processed material of animal or plant origin, other
than a dead animal, that is processed by rendering establishments.
The term includes:
(A) animals, poultry, or fish slaughtered or
processed for human consumption but that are unsuitable for that
use;
(B) the inedible products and by-products of
animals, poultry, or fish slaughtered or processed for human
consumption;
(C) parts from dead animals;
(D) whole or partial carcasses of dead poultry or
fish;
(E) waste cooking greases; and
(F) recyclable cooking oil.
(12) "Recyclable cooking oil" means any unprocessed or
partially processed grease, fat, or oil previously used in the
cooking or preparation of food for human consumption and intended
for recycling by being used or reused as:
(A) an ingredient in a process to make a product;
or
(B) an effective substitute for a commercial
product.
(13) "Renderable raw material hauler" means a person
who collects or transports renderable raw materials for commercial
purposes.
(14) "Transfer station" means a facility at which
renderable raw materials are transferred from one conveyance to
another.
(15) "Waste cooking grease" means any unprocessed or
partially processed grease, fat, or oil previously used in the
cooking or preparation of food for human consumption and no longer
suitable for such use.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 1, eff. Sept. 1, 1999.
§ 144.003. CONSTRUCTION OF OTHER LAWS. (a) This
chapter does not affect:
(1) Chapter 141, Agriculture Code; or
(2) any state law or a rule of any public regulatory
body that relates to the control of water or air pollution.
(b) This chapter does not affect a municipality's power to
regulate by ordinance rendering businesses within the boundaries of
the municipality. However, each rendering establishment, related
station, transfer station, dead animal hauler, or renderable raw
material hauler subject to a municipal ordinance shall comply with
this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 2, eff. Sept. 1, 1999.
SUBCHAPTER B. OPERATING LICENSES
§ 144.011. LICENSE REQUIRED. (a) A person may not
operate a rendering business, or any adjunct to a rendering
business, without having a rendering establishment operating
license issued by the department or another appropriate operating
license under this section.
(b) A person may not operate or maintain a related station
without a related station operating license issued by the
department.
(c) A person may not operate or maintain a transfer station
without a transfer station operating license issued by the
department.
(d) A person may not operate as a dead animal hauler without
a dead animal hauler operating license issued by the department
unless the person is an employee of a rendering establishment.
(e) A person may not operate as a renderable raw material
hauler without a renderable raw material hauler operating license
issued by the department unless the person is an employee of a
rendering establishment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 3, eff. Sept. 1, 1999.
§ 144.012. EXEMPTIONS FROM LICENSING
REQUIREMENT. (a) Unless the person also performs rendering
operations or processes, this chapter does not apply to a person
who:
(1) slaughters, butchers, manufactures, or sells
animal flesh or products only for use as food for human consumption;
(2) transports or disposes of the bodies of animals
killed for use as food for human consumption, or the products of
those bodies, only for that purpose and use; or
(3) is an individual and who disposes of the
individual's own animal.
(b) This chapter does not apply to a governmental agency
that collects, transports, or disposes of dead animals or
renderable raw materials.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 4, eff. Sept. 1, 1999.
§ 144.013. LICENSE APPLICATION AND ISSUANCE. (a) To
be considered by the department for an operating license, a person
must submit a sworn application to the department. The application
must:
(1) state whether the applicant intends to operate as
a rendering establishment, related station, transfer station, dead
animal hauler, or renderable raw material hauler;
(2) state the location from which the business is to be
conducted; and
(3) include other relevant information required by the
department to determine the applicant's compliance with the
operating procedures established under Subchapter C.
(b) The application must be accompanied by the application
fee.
(c) The department shall issue the appropriate operating
license if, after investigation, it finds that the applicant's
operations or proposed operations meet the requirements of
Subchapter C.
(d) If the department finds that the applicant's operations
or proposed operations do not meet the requirements of Subchapter
C, the department shall deny the application and shall notify the
applicant in writing of each reason why the applicant fails to meet
those requirements. The applicant is entitled to 90 days to meet
the requirements, after which the department shall reinvestigate.
(e) If the department determines after reinvestigation that
the applicant is not in compliance, the department shall again deny
the application and promptly notify the applicant in writing of
each reason why the applicant fails to meet the requirements.
(f) If the department denies an application twice, the
application is canceled. The applicant is entitled to a hearing
before the commissioner on the denial if the applicant requests the
hearing not later than the 30th day after the date of the second
denial.
(g) Unless the period is extended by a written agreement
between the department and the applicant, the department shall
grant or deny a license application not later than the 30th day
after the date on which:
(1) the application and the required fee is filed with
the department;
(2) the period to meet the requirements expires; or
(3) a hearing on the application denial is conducted.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 5, eff. Sept. 1, 1999.
SUBCHAPTER C. OPERATING PROCEDURES FOR ALL LICENSE HOLDERS
§ 144.021. GENERAL REQUIREMENTS FOR OPERATING
LICENSES. (a) Each applicant for or holder of an operating
license shall adopt operating procedures that:
(1) provide for the sanitary performance of rendering
operations and processes;
(2) prevent the spread of infectious or noxious
materials; and
(3) ensure that finished products are free from
disease-producing organisms.
(b) As a condition of licensure, the department may
prescribe other reasonable and appropriate construction,
operational, maintenance, and inspection requirements to ensure
compliance with this chapter and applicable rules of the
department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 6, eff. Sept. 1, 1999.
§ 144.022. RECORDS. (a) Each licensed rendering
establishment, related station, or dead animal hauler shall have a
dead animal log that meets the requirements prescribed by the
department. The name of the licensed rendering establishment,
related station, or dead animal hauler must be on the front of the
log.
(b) When a license holder receives a dead animal, the
license holder shall enter the following information in the log:
(1) the date and time of the pickup of the dead animal;
(2) the name of the driver of the collection vehicle;
(3) a description of the dead animal;
(4) the location of the dead animal, including the
county; and
(5) the owner of the dead animal, if known.
(c) The license holder shall also keep a record in the log,
or in an appendix to the log, of the general route followed in
making the collection.
(d) The log is subject to inspection at all reasonable times
by the department or a person with written authorization from the
department. Repeated or wilful failure or refusal to produce the
log for inspection or to permit inspection by persons properly
authorized to inspect the log constitutes grounds for license
revocation.
(e) This section does not apply to a licensed renderable raw
material hauler.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.023. VEHICLES; PERMIT REQUIRED. (a) A vehicle
used to transport dead animals or renderable raw materials to or
from a rendering establishment must:
(1) be leak-proof and maintained in a manner that
precludes the creation of a nuisance; and
(2) comply with each applicable requirement for
operation on the public roads or highways, including applicable
insurance requirements and gross vehicle weight limitations.
(b) A collection vehicle shall be held to a minimum number
of stops, and the stops shall be brief, while traveling to the
establishment with dead animals or renderable raw materials. Each
collection vehicle shall be washed and sanitized at the end of each
day's operations.
(c) A truck bed used to transport dead animals or renderable
raw materials shall be thoroughly washed and sanitized before use
for the transport of finished rendered products. A truck bed used
to transport dead animals or renderable raw materials to a
rendering establishment, or to transfer finished rendered products
from an establishment, shall, before being used to transport any
product intended for human consumption, be thoroughly sanitized
with a bactericidal agent that is determined by the department to be
safe in a rendering establishment. A truck bed may not be used to
transport dead animals or renderable raw materials at the same time
the truck bed or any part of the truck bed is used to transport any
product intended for human consumption, notwithstanding the manner
in which part of the truck bed is sealed or separated from the
remainder of the bed.
(d) The owner of a vehicle may not operate the vehicle on
public roads and highways to haul dead animals or renderable raw
materials unless the owner holds a permit for the vehicle issued by
the department. To obtain a permit for the vehicle from the
department, the owner must provide to the department:
(1) the owner's name and address;
(2) a description of the operations to be performed
under the registration;
(3) the year, make, model, license plate number, and
manufacturer's vehicle identification number for the vehicle;
(4) a list of names of drivers employed by the hauler
to drive the vehicle and their driver's license numbers; and
(5) any other information required by the department.
(e) The department may require that a dead animal or
renderable raw material hauling vehicle conspicuously display a
permit decal issued by the department and the number and license
holder's name for any operating license required under Section
144.011. As a condition of issuance and maintenance of the permit,
the department may require that the vehicle comply with any other
construction, operational, maintenance, inspection, and marking
requirements as prescribed by the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 7, eff. Sept. 1, 1999.
§ 144.024. TREATMENT OF DEAD ANIMALS OR RENDERABLE RAW
MATERIALS. (a) Dead animals or renderable raw materials received
by a rendering establishment shall either be immediately placed in
the rendering process or stored for not more than 48 hours in a
manner that precludes the creation of a nuisance or a malodorous
condition.
(b) Cooking or other dehydration operations shall be
conducted in a manner that prevents the survival of
disease-producing organisms in the processed material. Adequate
and suitable means for the treatment of cooking vapors shall be
provided and operated in a manner that controls odors.
(c) All cooked or finished materials shall be kept apart
from areas where dead animals or renderable raw materials are kept
in a manner that prevents contamination.
(d) If a person intends to use oil or grease as an ingredient
in livestock feed or in topical cosmetic products, the person may
not contaminate or commingle waste cooking greases or recyclable
cooking oils with grease trap waste, grit trap waste, or any other
substance that would render the greases or oils harmful or
otherwise unsuitable for use as an ingredient in livestock feed or
in topical cosmetic products.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 8, eff. Sept. 1, 1999.
§ 144.025. FLOORS. (a) During operations, the floors
in processing areas shall be kept reasonably free from processing
wastes, including:
(1) blood;
(2) manure;
(3) scraps;
(4) grease;
(5) water;
(6) dirt; and
(7) litter.
(b) The floors shall be thoroughly cleaned at the end of
each day's operations.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.026. WASTE TREATMENT. (a) Waste shall be
handled and disposed of in a manner that prevents contamination of:
(1) the water supply;
(2) processing equipment;
(3) packaging materials; and
(4) finished products.
(b) Liquid waste shall be treated in the manner required by
the department and disposed of in a manner approved by the
department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.027. EMPLOYEE FACILITIES. (a) Adequate and
convenient toilet facilities for employees shall be located in an
establishment.
(b) An adequate number of lavatory facilities for employees
to wash their hands shall be provided at convenient locations in the
establishment and must be supplied with warm water under pressure
and with soap or another detergent.
(c) A drinking water supply approved by the department shall
be provided at convenient locations in the establishment for the
use of employees.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.028. HYGIENE REQUIREMENTS. A person engaging in
rendering processes or operations shall wear washable garments and
accessories and conform to hygienic practices.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.029. SANITARY CONDITIONS REQUIRED. (a) The
premises of a rendering establishment shall be kept clean and neat,
in good repair, and reasonably free from:
(1) undue collection of refuse;
(2) waste materials;
(3) rodent infestation;
(4) insect breeding places;
(5) standing water; and
(6) other objectionable conditions.
(b) Equipment and utensils shall be provided as necessary
for the rendering establishment to conduct operations in a sanitary
manner.
(c) Rodents, roaches, and other vermin shall be controlled.
(d) Hide storage facilities shall be in closed areas
separate from all other areas.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.030. COLLECTION CONTAINER REQUIREMENTS. (a) A
container in which dead animals or renderable raw materials are
accumulated by a producer at collecting points for pickup by a dead
animal hauler or renderable raw material hauler must remain on the
premises at each collecting point.
(b) The owner of the containers shall maintain the
containers in a leak-proof and sanitary condition and shall replace
them as necessary.
(c) The transportation, delivery, transfer, loading, and
off-loading of dead animals and renderable raw materials shall be
performed in a manner that prevents the release of animal parts and
spills or leaks of renderable raw materials from containers. A
release of dead animal parts or spill or leak of renderable raw
materials shall immediately be cleaned up and reported in the log
required by Section 144.022.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 9, eff. Sept. 1, 1999.
§ 144.031. PROHIBITED PURCHASES OR SALES. (a) A
person may not sell or offer for sale a raw or uncooked dead animal
or renderable raw material that contains disease-producing
organisms to any person who is not licensed under this chapter.
(b) A person licensed under this chapter may not purchase a
dead animal from a dead animal hauler who is not licensed under this
chapter.
(c) A person licensed under this chapter may not purchase
renderable raw materials from a renderable raw material hauler who
is not licensed under this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 10, eff. Sept. 1, 1999.
SUBCHAPTER D. CONSTRUCTION PERMITS
§ 144.041. PERMIT REQUIRED. (a) Except as provided by
Section 144.042, a person may not construct a new rendering
establishment or engage in construction involving an addition or
replacement at a rendering establishment without a construction
permit issued by the department.
(b) Except as provided by Section 144.042, a person may not
construct a new related station or engage in construction involving
an addition or replacement at a related station without a
construction permit issued by the department.
(c) Except as provided by Section 144.042, a person may not
construct a new transfer station or engage in construction
involving an addition or replacement at a transfer station without
a construction permit issued by the department.
(d) Construction at a rendering business is subject to the
construction and layout requirements established under Subchapter
E.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 11, eff. Sept. 1, 1999.
§ 144.042. EXEMPTION FROM PERMIT REQUIREMENT. A
construction permit from the department for the construction of a
new rendering business or for construction at a rendering business
is not required if the cost to the rendering business is less than
$10,000. However, the construction and layout requirements
established under Subchapter E apply to the construction.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 12, eff. Sept. 1, 1999.
§ 144.043. PERMIT APPLICATION AND ISSUANCE. (a) To
receive a construction permit, a person must submit a sworn
application to the department. The application must:
(1) describe the type of construction proposed,
whether the construction is of a new rendering establishment,
related station, or transfer station or additions or replacements;
(2) specify when the proposed construction is to
occur; and
(3) include other relevant information required by the
department to determine the applicant's compliance with the
requirements of Subchapter E.
(b) The department shall issue the construction permit if,
after investigation, it finds that the proposed construction meets
the requirements of Subchapter E.
(c) If the department finds that the applicant's proposed
construction does not meet the requirements of Subchapter E, the
department shall deny the application and shall notify the
applicant in writing of each reason why the applicant fails to meet
the requirements. The applicant is entitled to 90 days in which to
meet the requirements, after which the department shall
reinvestigate.
(d) If the department determines after reinvestigation that
the applicant is not in compliance, the department shall again deny
the application and notify the applicant in writing of each reason
why the applicant fails to meet the requirements.
(e) If the department denies an application twice, the
application is canceled. The applicant is entitled to a hearing
before the commissioner on the denial if the applicant requests the
hearing not later than the 30th day after the date of the second
denial.
(f) Unless the period is extended by a written agreement
between the department and the applicant, the department shall
grant or deny a permit application not later than the 30th day after
the date on which:
(1) the application and the required fees are filed
with the department;
(2) the period to meet the requirements expires; or
(3) a hearing on the application denial is conducted.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 13, eff. Sept. 1, 1999.
SUBCHAPTER E. CONSTRUCTION AND LAYOUT REQUIREMENTS FOR RENDERING
ESTABLISHMENTS AND RELATED STATIONS
§ 144.051. RENDERING ESTABLISHMENT AND RELATED STATION
CONSTRUCTION. (a) All construction of a rendering establishment,
related station, or transfer station subject to this chapter must:
(1) provide for sanitary operations and environmental
conditions;
(2) prevent the spread of disease-producing organisms
and infectious or noxious materials; and
(3) prevent the development of a malodorous condition
or a nuisance.
(b) Except to the extent the department grants a written
variance from a requirement, each construction permit holder shall
comply with the specific requirements established under this
subchapter. The department may grant a variance from the
requirements of this subchapter if the department determines that
construction or operational features established at a rendering
establishment will provide protection for public health and safety
equivalent to that afforded by the requirements of this subchapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 14, eff. Sept. 1, 1999.
§ 144.052. GENERAL CONSTRUCTION AND LAYOUT
REQUIREMENTS. (a) A rendering establishment shall provide
sufficient space for:
(1) the sanitary administration of rendering
operations and processes;
(2) the installation of necessary utility equipment;
and
(3) the installation of processing equipment in a
manner that makes the equipment easily accessible for cleaning.
(b) A rendering establishment must be constructed so as to
be easily maintained in a sanitary condition and to prevent shelter
for rodents, roaches, and other vermin.
(c) A floor in a rendering establishment must be constructed
of good quality concrete, metal, or other equally impervious and
easily cleanable material. It must be smooth, graded to drain, and
provided with an adequate number of trapped drains or other waste
disposal facilities approved by the department. A gutter used to
conduct drainage must be constructed and located so it can be easily
cleaned and maintained in a sanitary condition.
(d) A wall, partition, or post in a rendering establishment
must be finished with a smooth, washable surface of concrete,
metal, or other equally impervious and easily cleanable material.
(e) A ceiling, the underside of a roof if used as a ceiling,
and any exposed overhead structure in a rendering establishment
must have easily cleanable surfaces.
(f) Each exterior wall and roof, and any opening in an outer
wall or roof, must protect against the entrance of insects,
rodents, and other vermin. An interior wall, partition, post,
ceiling, or other overhead structure may not contain crevices or
openings that may provide shelter for rodents or insects.
(g) A rendering establishment shall provide a paved area of
adequate size for washing and sanitizing trucks. The paved area
must be provided with adequate drains that lead to a sanitary sewer
system.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.053. RESTROOM FACILITIES. (a) A rendering
establishment shall provide toilet and dressing room facilities for
employees of each sex. The department must approve the design,
construction, and equipment of those facilities.
(b) This section does not apply to toilet or dressing room
facilities located in the managerial office area of a rendering
establishment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.054. VENTILATION REQUIREMENTS. (a) A rendering
establishment shall provide sufficient ventilation to dispel
disagreeable odors, condensate, and vapor.
(b) The establishment shall provide ventilating equipment
as necessary, including individual fans, vents, and hoods. The
establishment shall locate and control mechanical ventilating
equipment to prevent contamination of finished products or
processing equipment from nearby or preceding operations or other
sources.
(c) An employee toilet room or dressing room must be
adequately vented to the outside air.
(d) A space heater, gas stove, water heater, or other
equipment that emits noxious odors, fumes, or vapors must be vented
to the outside air.
(e) An exhaust outlet from a mechanical ventilation device
must be conducted to the outside air and must be arranged, placed,
and extended to avoid creating a nuisance to adjacent areas.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.055. WATER SUPPLY. (a) The water supply used by
a rendering establishment must be either a public water supply
acceptable to the department or a private supply that is located,
constructed, and treated, if necessary, to provide water of a safe,
sanitary quality and that complies with department requirements.
(b) The establishment's water supply may not be physically
connected to any unsafe or questionable supply. Water from an
unsafe or questionable supply may be used only for limited
purposes, such as fire control or for ammonia condensers. A supply
line for unsafe or questionable water must be clearly identified.
(c) Hot and cold water must be conveniently accessible to
all parts of the establishment. The water must be under ample
pressure, and must be available through outlets and in quantities
as necessary to meet effectively the needs of the establishment at
all times. The hot water system must have sufficient capacity to
furnish ample water with a temperature of at least 180 degrees
Fahrenheit during processing and cleanup.
(d) The plumbing system in a rendering establishment must be
installed in compliance with state law and applicable local
plumbing ordinances, and must be designed, installed, and
maintained to protect the establishment's water supply from
contamination through cross-connections, back siphonage, back-flow
leakage, or condensation. The plumbing system must readily carry
away all liquid wastes.
(e) If necessary to prevent discharge into the drainage
system of solid wastes likely to clog the drainage system, liquid
wastes containing solid materials must be passed through a
separator or indirect-waste receptor that effectively retains the
solids before discharge into the drainage system.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER F. PROVISIONS APPLICABLE TO LICENSES AND PERMITS
§ 144.061. CONTENTS AND DISPLAY OF LICENSE OR
PERMIT. (a) Each operating license and construction permit must
state the name and address of the license holder or permit holder.
(b) The license or permit must be displayed at the place of
business named in the license or the place of construction named in
the permit.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.062. NOT TRANSFERABLE OR ASSIGNABLE. A license or
permit may not be transferred or assigned without the department's
approval.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.063. RENEWAL OF LICENSE OR PERMIT. (a) A license
or permit is effective until it is relinquished, suspended, or
revoked, or it expires.
(b) An operating license is valid for one year and may be
renewed annually by the license holder. The department shall set an
annual renewal fee.
(c) A license holder may renew a license by paying the
renewal fee to the department on or before January 1 of each year.
On receipt of the fee, the license is automatically renewed for the
next calendar year.
(d) If the renewal fee is not paid before the expiration of
the 15th day after the date on which written notice of delinquency
is given to the license holder by the department, the license
expires unless the department grants an extension to renew. After
an operating license expires, a new application for the license
must be submitted.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 15, eff. Sept. 1, 1999.
§ 144.064. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
OR PERMIT; REINSTATEMENT. (a) The commissioner may deny,
suspend, or revoke an operating license, construction permit, or
renewal of an operating license or construction permit if the
commissioner finds that:
(1) the license holder or permit holder has violated
this chapter or a rule or order adopted under this chapter or did
not exercise due care to prevent the violation; or
(2) a fact or condition exists that would have
justified the denial of the license or permit application if the
fact or condition was known at the time the original application was
filed.
(b) On the discovery of such a violation, the commissioner
shall notify the license holder or permit holder of the violation.
If the license holder or permit holder fails to make the necessary
corrections, the department shall notify the license holder or
permit holder of a hearing to suspend or revoke the license or
permit.
(c) The commissioner may reinstate a suspended license or
permit, or may issue a new license or permit to a person whose
license or permit has been revoked, if a ground to deny the original
license or permit application does not exist.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 16, eff. Sept. 1, 1999.
SUBCHAPTER G. ADMINISTRATIVE AND ENFORCEMENT PROVISIONS;
PENALTIES
§ 144.071. INSPECTIONS. (a) At least once each year
and at other times as the department considers necessary, the
department shall inspect the place of business of each operating
license holder, the vehicles of each renderable raw material
hauler, and the construction site of each construction permit
holder if construction is continuing.
(b) The department shall inquire into and inspect the
premises, equipment, and operations of the license holder or permit
holder that relate to matters regulated by this chapter.
(c) The department has free access to the place of business,
construction site, or vehicle to conduct the inspection.
(d) A license holder or permit holder who unreasonably fails
or refuses to cooperate and assist the department in an inspection
violates this chapter, and the failure or refusal constitutes a
ground for the suspension or revocation of the license or permit.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 17, eff. Sept. 1, 1999.
§ 144.072. FEES. (a) An application for an operating
license must be accompanied by an application fee.
(b) An application for a construction permit must be
accompanied by a fee. Construction permit fees must be based on the
dollar value at the cost to the rendering establishment or related
station of the construction.
(c) An application for a vehicle permit under Section
144.023 must be accompanied by a permit fee for each vehicle for
which a permit is to be issued.
(d) If an application is withdrawn not later than the fifth
day after the date on which it is received by the department, the
department shall refund the full amount of the application fee.
(e) The department by rule shall set the fees authorized by
this chapter in amounts that allow the department to recover the
annual expenditures of state funds by the department in:
(1) reviewing and acting on a license renewal or
registration;
(2) amending a license, renewal license, or
registration;
(3) inspecting a licensed facility or vehicles and
equipment regulated under this chapter; and
(4) implementing and enforcing this chapter,
including a rule or order adopted or a license issued under this
chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 18, eff. Sept. 1, 1999.
§ 144.073. ACCOUNT. All fees collected under this
chapter are payable to the department and shall be deposited to the
credit of the rendering fee account in the general revenue fund.
Money in the account may be appropriated only to the department to
be used to process and investigate applications filed under this
chapter and to administer this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 19, eff. Sept. 1, 1999.
§ 144.074. ADOPTION OF RULES. The board may adopt rules
consistent with this chapter as necessary for the enforcement of
this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.075. CERTIFICATES; CERTIFIED COPIES. (a) On
application by any person and on payment of the associated costs,
the department shall furnish a certificate of good standing and a
certified copy of any license, permit, rule, or order.
(b) The department shall furnish the certificate or copy
under its seal and signed by a representative of the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.076. PUBLIC RECORDS. The transcript of any
hearing held by the commissioner and findings made by the
commissioner or the department under this chapter are public
records open to inspection at all reasonable times.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.077. HEARINGS AND JUDICIAL REVIEW. (a) A
hearing held under this chapter is subject to Chapter 2001,
Government Code.
(b) A person aggrieved by a final decision under this
chapter is entitled to judicial review.
(c) The manner of judicial review is by substantial evidence
review.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 20, eff. Sept. 1, 1999.
§ 144.078. INJUNCTION. (a) On request of the
department, the attorney general may bring an action in any
district court of this state that has jurisdiction and venue for an
injunction to compel compliance with this chapter or to restrain
any actual or threatened violation of this chapter.
(b) The court may enter an order or judgment to award a
preliminary or final injunction as it considers appropriate.
(c) The attorney general on behalf of the department may
bring an action under Subsection (a) in addition to any other action
provided by this chapter and without prejudice to that action.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 21, eff. Sept. 1, 1999.
§ 144.079. PROHIBITED ACTS. (a) A person may not
receive, hold, slaughter, butcher, or otherwise process any animal
as food for human consumption in a building or compartmented area of
a building used as a rendering establishment or related station.
(b) A person may not steal, misappropriate, contaminate, or
damage recyclable cooking oil or containers of recyclable cooking
oil.
(c) A renderer, hauler, or any other person may not:
(1) take possession of recyclable cooking oil from an
unlicensed hauler or an employee or contractor of an unlicensed
hauler; or
(2) knowingly take possession of stolen recyclable
cooking oil.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 22, eff. Sept. 1, 1999.
§ 144.080. CRIMINAL PENALTY. (a) A person commits an
offense if the person continues any operation or construction
subject to regulation under this chapter without obtaining and
maintaining an operating license or construction permit.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not less than $50 or more than $500;
(2) confinement in the county jail for not more than 30
days; or
(3) both the fine and confinement.
(c) Each day of violation constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 144.081. ADMINISTRATIVE PENALTY. (a) The
commissioner may assess an administrative penalty against a person
who violates this chapter, a rule adopted by the board under the
authority of this chapter, or an order or license issued under this
chapter.
(b) In determining the amount of the penalty, the
commissioner shall consider:
(1) the person's previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the person's demonstrated good faith;
(5) such other matters as justice may require.
(c) The penalty may not exceed $25,000 a day for each
violation.
(d) Each day a violation continues may be considered a
separate violation.
Added by Acts 1991, 72nd Leg., ch. 385, § 1, eff. Sept. 1, 1991.
§ 144.082. ADMINISTRATIVE PENALTY ASSESSMENT
PROCEDURE. (a) An administrative penalty may be assessed only
after a person notified of a violation is given an opportunity for a
hearing.
(b) If a hearing is held, the commissioner shall make
findings of fact and shall issue a written decision regarding the
occurrence of the violation and the amount of the penalty that may
be warranted.
(c) If the person notified of the violation does not request
a hearing, the commissioner may assess a penalty after determining
that a violation has occurred and the amount of the penalty that may
be warranted.
(d) After making a determination under this section that a
penalty is to be assessed against a person, the commissioner shall
issue an order requiring that the person pay the penalty.
(e) The commissioner may consolidate a hearing held under
this section with another proceeding.
Added by Acts 1991, 72nd Leg., ch. 385, § 1, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 485, § 23, eff. Sept. 1,
1999.
§ 144.083. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not
later than the 30th day after the date an order finding that a
violation has occurred is issued, the commissioner shall inform the
person against whom the order is issued of the amount of the penalty
for the violation.
(b) Not later than the 30th day after the date on which a
decision or order charging a person with a penalty is final, the
person shall:
(1) pay the penalty in full; or
(2) if the person seeks judicial review of the amount
of the penalty, the fact of the violation, or both:
(A) send the amount of the penalty to the
commissioner for placement in an escrow account; or
(B) post with the commissioner a bond for the
amount of the penalty.
(c) A bond posted under this section must be in a form
approved by the commissioner and be effective until all judicial
review of the order or decision is final.
(d) A person who does not send money to the commissioner or
post the bond within the period prescribed by Subsection (b) waives
all rights to contest the violation or the amount of the penalty.
Added by Acts 1991, 72nd Leg., ch. 385, § 1, eff. Sept. 1, 1991.
§ 144.084. REFUND OF ADMINISTRATIVE PENALTY. Not later
than the 30th day after the date of a judicial determination that an
administrative penalty against a person should be reduced or not
assessed, the commissioner shall:
(1) remit to the person the appropriate amount of any
penalty payment plus accrued interest; or
(2) execute a release of the bond if the person has
posted a bond.
Added by Acts 1991, 72nd Leg., ch. 385, § 1, eff. Sept. 1, 1991.
§ 144.085. RECOVERY OF ADMINISTRATIVE PENALTY BY
ATTORNEY GENERAL. The attorney general at the request of the
commissioner may bring a civil action to recover an administrative
penalty under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 385, § 1, eff. Sept. 1, 1991.
