| 1 | 1 | | By: Anderson of Dallas H.B. No. 4250 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to liability of food donors. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 76.004, Civil Practice and Remedies |
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| 9 | 9 | | Code, is amended by adding Subsection (6) and (7) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (6) "Canned food" means any food commercially |
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| 12 | 12 | | processed and prepared for human consumption. |
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| 13 | 13 | | (7) "Perishable food" means any food which may spoil |
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| 14 | 14 | | or otherwise become unfit for human consumption because of its |
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| 15 | 15 | | nature, type, or physical condition. It includes, but is not |
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| 16 | 16 | | limited to, fresh and processed meats, poultry, seafood, dairy |
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| 17 | 17 | | products, bakery products, eggs, fresh fruits, and vegetables and |
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| 18 | 18 | | foods which have been packaged, refrigerated, or frozen. |
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| 19 | 19 | | SECTION 2. Sections 76.003, Civil Practice and Remedies |
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| 20 | 20 | | Code, is amended to read as follows: |
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| 21 | 21 | | Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes |
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| 22 | 22 | | of this chapter, canned food, perishable food, or any other type of |
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| 23 | 23 | | food is apparently wholesome if the food meets all quality |
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| 24 | 24 | | standards of local, county, state, and federal agricultural and |
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| 25 | 25 | | health laws and rules, even though the food is not readily |
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| 26 | 26 | | marketable due to appearance, age, freshness, grade, size, surplus, |
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| 27 | 27 | | or other condition. Canned goods food that are is leaking, swollen, |
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| 28 | 28 | | dented on a seam, or no longer airtight are is not apparently |
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| 29 | 29 | | wholesome food. |
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| 30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 31 | 31 | | to the donation or distribution of food on or after the effective |
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| 32 | 32 | | date of this Act. The donation or distribution of food before the |
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| 33 | 33 | | effective date of this Act is governed by the law applicable to the |
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| 34 | 34 | | donation or distribution immediately before the effective date of |
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| 35 | 35 | | this Act, and that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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