TITLE: Relating to air quality complaints concerning and violations for odors emanating from poultry facilities.

SUMMARY: Relating to air quality complaints concerning and violations for odors emanating from poultry facilities.

FULL TEXT:
AN ACT relating to air quality complaints concerning and violations for 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: (d) For each [The commission by rule or order shall require the owner or operator of a] poultry facility that has been the subject of three or more [for which the] commission investigations concerning complaints made [has issued three notices of violation] under this section during a 12-month period,the commission by rule or order: (1) shall require the owner or operator of the facility to undergo: (A) [to enter into] a comprehensive assessment by the State Soil and Water Conservation Board of the facility's water quality management plan implemented and maintained under Section 26.302, Water Code; and (B) an evaluation by the State Soil and Water Conservation Board of the facility's [compliance agreement with the commission. The compliance agreement must include an] odor control plan to determine whether the odor control plan [that the executive director determines] is sufficient to control odors in accordance with standards established under Section 26.302(b-3), Water Code; (2) shall require the owner or operator of the facility to develop an odor control plan sufficient to control odors in accordance with standards established under Section 26.302(b-3), Water Code, if the facility does not have an odor control plan provided under that section; and (3) may require the owner of the facility to: (A) modify the facility's water quality management plan; or (B) take other corrective action, as determined by the commission.(d-1) The commission shall issue a notice of violation if the owner or operator of the facility does not: (1) have an approved water quality management plan for the facility; (2) develop an odor control plan for the facility after being required to do so under Subsection (d)(2); or (3) modify the facility's water quality management plan or implement a corrective action after being required to do so under Subsection (d)(3). 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.