By: Anderson of Dallas H.B. No. 4250
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. Section 76.004, Civil Practice and Remedies
Code, is amended by adding Subsection (6) and (7) to read as
follows:
(6) "Canned food" means any food commercially
processed and prepared for human consumption.
(7) "Perishable food" means any food which may spoil
or otherwise become unfit for human consumption because of its
nature, type, or physical condition. It includes, but is not
limited to, fresh and processed meats, poultry, seafood, dairy
products, bakery products, eggs, fresh fruits, and vegetables and
foods which have been packaged, refrigerated, or frozen.
SECTION 2. Sections 76.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes
of this chapter, canned food, perishable food, or any other type of
food is apparently wholesome if the food meets all quality
standards of local, county, state, and federal agricultural and
health laws and rules, even though the food is not readily
marketable due to appearance, age, freshness, grade, size, surplus,
or other condition. Canned goods food that are is leaking, swollen,
dented on a seam, or no longer airtight are is not apparently
wholesome food.
SECTION 3. 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 4. 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, 2017.