By: White of Tyler, et al. H.B. No. 1050
(Senate Sponsor - Taylor of Collin)
(In the Senate - Received from the House April 27, 2015;
May 4, 2015, read first time and referred to Committee on State
Affairs; May 18, 2015, reported favorably by the following vote:
Yeas 8, Nays 0; May 18, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to liability of food donors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 76.004(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A person or gleaner is not subject to civil or criminal
liability arising from the condition of apparently wholesome food
that the person or gleaner donates to a church, a not-for-profit
organization or a nonprofit organization for distribution to the
needy, if the food is apparently wholesome at the time of donation.
This subsection does not apply to an injury or death that results
from an act or omission of the donor constituting gross negligence,
recklessness, or intentional misconduct.
(c) A nonprofit organization is not subject to civil or
criminal liability arising from the condition of apparently
wholesome food that it distributes to the needy at no charge in
substantial compliance with applicable local, county, state, and
federal laws and rules regarding the storage and handling of food
for distribution to the public, if the food is apparently wholesome
at the time of distribution. This subsection does not apply to an
injury or death that results from an act or omission of the
organization constituting gross negligence, recklessness, or
intentional misconduct.
SECTION 2. The change in law made by this Act applies only
to the donation or distribution of food on or after the effective
date of this Act. The donation or distribution of food before the
effective date of this Act is governed by the law applicable to the
donation or distribution immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. 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, 2015.
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