CHAPTER 144. RENDERERS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE G. LICENSES

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 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 1, eff. Sept. 1,

1999.

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, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 2, eff. Sept. 1,

1999.

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.

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 3, eff. Sept. 1,

1999.

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;

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 4, eff. Sept. 1,

1999.

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, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 5, eff. Sept. 1,

1999.

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) 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 6, eff. Sept. 1,

1999.

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; 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 7, eff. Sept. 1,

1999.

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.

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 8, eff. Sept. 1,

1999.

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.

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 9, eff. Sept. 1,

1999.

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.

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 10, eff. Sept. 1,

1999.

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.

(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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 11, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 12, eff. Sept. 1,

1999.

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, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 13, eff. Sept. 1,

1999.

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, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 14, eff. Sept. 1,

1999.

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 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 15, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 16, eff. Sept. 1,

1999.

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, 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 17, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 18, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 19, eff. Sept. 1,

1999.

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. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 20, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 21, eff. Sept. 1,

1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 485, Sec. 22, eff. Sept. 1,

1999.

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

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, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 485, Sec. 23, eff.

Sept. 1, 1999.

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.