| 1 | | - | By: White of Tyler, et al. H.B. No. 1050 |
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| 2 | | - | (Senate Sponsor - Taylor of Collin) |
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| 3 | | - | (In the Senate - Received from the House April 27, 2015; |
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| 4 | | - | May 4, 2015, read first time and referred to Committee on State |
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| 5 | | - | Affairs; May 18, 2015, reported favorably by the following vote: |
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| 6 | | - | Yeas 8, Nays 0; May 18, 2015, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 1050 |
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| 11 | 4 | | AN ACT |
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| 12 | 5 | | relating to liability of food donors. |
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| 13 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 7 | | SECTION 1. Sections 76.004(a) and (c), Civil Practice and |
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| 15 | 8 | | Remedies Code, are amended to read as follows: |
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| 16 | 9 | | (a) A person or gleaner is not subject to civil or criminal |
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| 17 | 10 | | liability arising from the condition of apparently wholesome food |
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| 18 | 11 | | that the person or gleaner donates to a church, a not-for-profit |
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| 19 | 12 | | organization or a nonprofit organization for distribution to the |
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| 20 | 13 | | needy, if the food is apparently wholesome at the time of donation. |
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| 21 | 14 | | This subsection does not apply to an injury or death that results |
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| 22 | 15 | | from an act or omission of the donor constituting gross negligence, |
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| 23 | 16 | | recklessness, or intentional misconduct. |
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| 24 | 17 | | (c) A nonprofit organization is not subject to civil or |
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| 25 | 18 | | criminal liability arising from the condition of apparently |
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| 26 | 19 | | wholesome food that it distributes to the needy at no charge in |
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| 27 | 20 | | substantial compliance with applicable local, county, state, and |
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| 28 | 21 | | federal laws and rules regarding the storage and handling of food |
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| 29 | 22 | | for distribution to the public, if the food is apparently wholesome |
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| 30 | 23 | | at the time of distribution. This subsection does not apply to an |
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| 31 | 24 | | injury or death that results from an act or omission of the |
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| 32 | 25 | | organization constituting gross negligence, recklessness, or |
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| 33 | 26 | | intentional misconduct. |
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| 34 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 28 | | to the donation or distribution of food on or after the effective |
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| 36 | 29 | | date of this Act. The donation or distribution of food before the |
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| 37 | 30 | | effective date of this Act is governed by the law applicable to the |
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| 38 | 31 | | donation or distribution immediately before the effective date of |
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| 39 | 32 | | this Act, and that law is continued in effect for that purpose. |
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| 40 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 37 | | Act takes effect September 1, 2015. |
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| 45 | | - | * * * * * |
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| 38 | + | ______________________________ ______________________________ |
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| 39 | + | President of the Senate Speaker of the House |
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| 40 | + | I certify that H.B. No. 1050 was passed by the House on April |
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| 41 | + | 23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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| 42 | + | voting. |
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| 43 | + | ______________________________ |
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| 44 | + | Chief Clerk of the House |
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| 45 | + | I certify that H.B. No. 1050 was passed by the Senate on May |
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| 46 | + | 22, 2015, by the following vote: Yeas 31, Nays 0. |
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| 47 | + | ______________________________ |
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| 48 | + | Secretary of the Senate |
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| 49 | + | APPROVED: _____________________ |
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| 50 | + | Date |
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| 51 | + | _____________________ |
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| 52 | + | Governor |
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