Sec. 26.0481.  DISPOSAL OF DAIRY WASTE IN RETENTION FACILITY.  (a)  In this section, "dairy waste" means milk, milk by-products, or milk processing waste that is spilled, spoiled, adulterated, unmarketable, stranded, or otherwise unfit for human consumption produced at a concentrated animal feeding operation.
(b)  Notwithstanding any other law and to the extent permitted by federal law, the commission shall adopt rules under this section to allow:
(1)  the disposal of dairy waste from a concentrated animal feeding operation into a control or retention facility, including a lagoon or playa, as that term is defined by Section 26.048; and
(2)  the land application by irrigation associated with the disposal described by Subdivision (1).
(c)  Rules adopted under Subsection (b) must:
(1)  minimize the risk of water quality impairment caused by:
(A)  the disposal of dairy waste into the control or retention facility; and
(B)  the land application by irrigation associated with the disposal described by Paragraph (A); and
(2)  require best management practices to ensure that the disposal of dairy waste into the control or retention facility does not impair water quality. 
Added by Acts 2023, 88th Leg., R.S., Ch. 175 (H.B. 692), Sec. 2, eff. September 1, 2023.