Health and Safety Code
CHAPTER 144. RENDERERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 144.001. Short Title.
This chapter may be cited as the Texas Renderers' Licensing
Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 employed in or by a rendering establishment; and
(B) handles rendering equipment, utensils, containers,
or packaging materials.
(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, useful, 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, 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, other than a related station, that are necessary,
useful, or incidental to the establishment.
(11) "Renderable raw material" means any unprocessed or
partially processed material of animal 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;
and
(E) waste cooking greases.
(12) "Renderable raw material hauler" means a person who
collects and disposes of renderable raw materials for
commercial purposes.
(13) "Transfer station" means a related station at which
dead animals or renderable raw materials are transferred from
one conveyance to another.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, dead animal hauler, or renderable raw material
hauler subject to a municipal ordinance shall comply with this
chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. OPERATING LICENSES
Sec. 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 unless:
(1) the person is an employee of a rendering establishment that
the station serves; or
(2) the related station is a part or subsidiary of a rendering
establishment that the station serves.
(c) A person may not operate as a dead animal hauler without a
dead animal hauler operating license issued by the department
unless the person:
(1) is an employee of a rendering establishment or related
station served by the person; or
(2) does not operate separately from the rendering establishments
or related stations served by the person.
(d) 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:
(1) is an employee of a rendering establishment or related
station served by the person; or
(2) does not operate separately from the rendering establishments
or related stations served by the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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;
or
(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.
(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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, 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. The hearing must be conducted not later than the
30th day after the date of the request.
(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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. OPERATING PROCEDURES FOR ALL LICENSE HOLDERS
Sec. 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) Each holder of an operating license shall comply with the
specific operating procedures established under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.023. Vehicles.
(a) A vehicle used to transport dead animals or renderable raw
materials to or from a rendering establishment must be leak-proof
and maintained in a manner that precludes the creation of a
nuisance.
(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 products. A truck bed used to
transport dead animals or renderable raw materials to a rendering
establishment, or to transfer finished 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 and may not
be replaced or exchanged by the hauler or returned to a rendering
establishment.
(b) The producer of the materials shall maintain the containers
in a clean and sanitary condition and shall replace them as
necessary.
(c) This section does not apply to the containers of a producer
who collects and accumulates the materials only in areas
separated from areas in which the producer receives, holds,
slaughters, butchers, or otherwise processes or prepares any
animal or animal part as food for human consumption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. CONSTRUCTION PERMITS
Sec. 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 unless the
construction is conducted in connection with construction at a
rendering establishment covered by a construction permit issued
under Subsection (a).
(c) Construction at a related station is subject to the
construction and layout requirements established under Subchapter
E.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.042. Exemption From Permit Requirement.
A construction permit from the department for the construction
of a new rendering establishment or new related station or for
construction at a rendering establishment or related station is
not required if the cost to the rendering establishment or
related station 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 or related
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. The hearing must be conducted not later than the
30th day after the date of the request.
(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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER E. CONSTRUCTION AND LAYOUT REQUIREMENTS FOR RENDERING
ESTABLISHMENTS AND RELATED STATIONS
Sec. 144.051. Rendering Establishment and Related Station Construction.
(a) All construction of a rendering establishment or related
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) Each construction permit holder shall comply with the
specific requirements established under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER F. PROVISIONS APPLICABLE TO LICENSES AND PERMITS
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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 annual renewal fee
is the same as the original license fee for that license.
(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 license holder shows good cause for failure to
renew. After an operating license expires, a new application for
the license must be submitted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.064. Suspension or Revocation of License or Permit;
Reinstatement.
(a) The commissioner may suspend or revoke an operating license
or construction permit if the commissioner finds that:
(1) the license holder or permit holder has knowingly
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
and shall allow a reasonable period for correction. 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, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER G. ADMINISTRATIVE AND ENFORCEMENT PROVISIONS;
PENALTIES
Sec. 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 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 or
construction site 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.072. Fees.
(a) An application for an operating license must be accompanied
by the applicable fee, as follows:
(1) rendering establishment operating license: $300;
(2) related station operating license: $200;
(3) dead animal hauler operating license: $150;
(4) renderable raw material hauler operating license: $150;
(5) combination dead animal and renderable raw material
hauler operating license: $150.
(b) An application for a construction permit must be
accompanied by the applicable fee. Construction permit fees are
based on the dollar value at the cost to the rendering
establishment or related station of the construction, according
to the following schedule:
(1) less than $10,000: no permit required;
(2) $10,000-$49,999: $100;
(3) $50,000-$99,999: $200;
(4) $100,000-$249,999: $500;
(5) $250,000 and over: $1,000.
(c) 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.073. Account.
All fees collected under this chapter are payable to the
department and shall be deposited in an account in the state
treasury to the credit of 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.077. Judicial Review.
(a) A person aggrieved by a final decision under this chapter
is entitled to judicial review.
(b) The manner of review is by trial de novo.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.078. Injunction.
(a) The department 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 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 144.079. Processing Animals for Human Consumption Prohibited.
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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1, 1989.
Sec. 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 144.082. Administrative Penalty Assessment Procedure.
(a) An administrative penalty may be assessed only after a
person charged with 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 charged with 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff. Sept. 1,
1991