By: Harris of Anderson H.B. No. 4489
A BILL TO BE ENTITLED
AN ACT
relating to complaints regarding odors emanating from poultry
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.068, Health and Safety Code, is
amended by amending subsection (d) and adding subsection (d-1) to
read as follows:
Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO
COMPLAINTS. (a) In this section, "poultry facility" and "poultry
litter" have the meanings assigned by Section 26.301, Water Code.
(b) The commission shall respond and investigate not later
than 18 hours after receiving:
(1) a second complaint against a poultry facility
concerning odor associated with:
(A) the facility; or
(B) the application of poultry litter to land by
the poultry facility; or
(2) a complaint concerning odor from a poultry
facility at which the commission has substantiated odor nuisance
conditions in the previous 12 months.
(c) If after the investigation the commission determines
that a poultry facility is violating the terms of its air quality
authorization or is creating a nuisance, the commission shall issue
a notice of violation.
(d) The commission by rule or order shall require the owner
or operator of a poultry facility for which the commission has
issued conducted three notices of violationcomplaint
investigations under this section during a 12-month period to:
(1) enter into undergo a comprehensive compliance
agreement with the commission. The compliance agreementassessment
by the State Soil and Water Conservation Board of the
implementation of the approved water quality management plan. This
assessment must include an evaluation of the odor control plan that
the e1cecutive director determines to determine if it is sufficient
to control odors; or
(2) develop an odor control plan under Sec.
26.302(b-3) of the Texas Water Code if the poultry facility was not
previously required to have one.
(d-1) The Commission shall issue a violation if the owner or
operator:
(1) fails to have an approved water quality management
plan;
(2) fails to implement corrective actions to findings
from the assessment of the water quality management plan; or
(3) fails to develop an odor control plan after being
required to do so under subsection (d)(1) of this section.
(e) The owner or operator of a new poultry facility shall
complete a poultry facility training course on the prevention of
poultry facility odor nuisances from the poultry science unit of
the Texas AgriLife Extension Service not later than the 90th day
after the date the facility first accepts poultry to raise. The
owner or operator of a new poultry facility shall maintain records
of the training and make the records available to the commission for
inspection.
(f) The poultry science unit of the Texas AgriLife Extension
Service may charge an owner or operator of a poultry facility a
training fee to offset the direct cost of providing the training.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.