| 1 | | - | By: Sherman, Sr., Price (Senate Sponsor - Taylor) H.B. No. 928 |
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| 2 | | - | (In the Senate - Received from the House April 19, 2021; |
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| 3 | | - | May 6, 2021, read first time and referred to Committee on Business & |
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| 4 | | - | Commerce; May 20, 2021, rereferred to Committee on Water, |
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| 5 | | - | Agriculture & Rural Affairs; May 21, 2021, reported favorably by |
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| 6 | | - | the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | By: Sherman, Sr., Price H.B. No. 928 |
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| 8 | 2 | | |
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| 9 | 3 | | |
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| 10 | 4 | | A BILL TO BE ENTITLED |
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| 11 | 5 | | AN ACT |
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| 12 | 6 | | relating to the marketing and sale of catfish and similar fish by |
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| 13 | 7 | | food service establishments; providing administrative and civil |
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| 14 | 8 | | penalties. |
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| 15 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 10 | | SECTION 1. Chapter 436, Health and Safety Code, is amended |
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| 17 | 11 | | by adding Subchapter J to read as follows: |
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| 18 | 12 | | SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND |
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| 19 | 13 | | FISH SIMILAR TO CATFISH |
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| 20 | 14 | | Sec. 436.121. DEFINITIONS. In this subchapter: |
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| 21 | 15 | | (1) "Catfish" means any species of the scientific |
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| 22 | 16 | | family Ictaluridae. The term does not include any species of the |
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| 23 | 17 | | scientific genus Pangasius, family Clariidae or family Siluridae, |
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| 24 | 18 | | including Swai fish. |
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| 25 | 19 | | (2) "Food service establishment" has the meaning |
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| 26 | 20 | | assigned by Section 437.001. |
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| 27 | 21 | | (3) "Menu board" means a posted list or pictorial |
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| 28 | 22 | | display of food items offered for sale by a food service |
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| 29 | 23 | | establishment. |
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| 30 | 24 | | Sec. 436.122. REQUIREMENTS FOR FOOD SERVICE |
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| 31 | 25 | | ESTABLISHMENTS. (a) A food service establishment that offers a |
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| 32 | 26 | | food product for sale may represent and identify the product as |
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| 33 | 27 | | catfish only if the product contains catfish and does not contain |
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| 34 | 28 | | another fish similar to catfish. |
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| 35 | 29 | | (b) A food service establishment that offers for sale a food |
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| 36 | 30 | | product containing a fish similar to catfish that is not catfish: |
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| 37 | 31 | | (1) may not represent the product as catfish; and |
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| 38 | 32 | | (2) shall conspicuously identify the type of fish |
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| 39 | 33 | | contained in the product in the description of the product on the |
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| 40 | 34 | | establishment's menu or menu board. |
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| 41 | 35 | | Sec. 436.123. ADMINISTRATIVE PENALTY. (a) The department, |
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| 42 | 36 | | or a public health district or county that requires a food service |
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| 43 | 37 | | establishment to hold a permit under Chapter 437, may impose an |
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| 44 | 38 | | administrative penalty against a food service establishment that |
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| 45 | 39 | | violates this subchapter or a rule adopted under this subchapter. |
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| 46 | 40 | | (b) The penalty for a violation may be in an amount not to |
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| 47 | 41 | | exceed: |
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| 48 | 42 | | (1) $250 for a food service establishment with gross |
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| 49 | 43 | | annual food sales of less than $50,000; |
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| 50 | 44 | | (2) $500 for a food service establishment with gross |
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| 51 | 45 | | annual food sales of at least $50,000 but less than $145,000; and |
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| 52 | 46 | | (3) $750 for a food service establishment with gross |
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| 53 | 47 | | annual food sales of at least $145,000. |
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| 54 | 48 | | (c) Each day a violation continues or occurs is a separate |
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| 55 | 49 | | violation for purposes of imposing a penalty. |
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| 56 | 50 | | Sec. 436.124. CIVIL PENALTY. (a) A food service |
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| 57 | 51 | | establishment that violates this subchapter or a rule adopted under |
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| 58 | 52 | | this subchapter is liable to this state, or a public health district |
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| 59 | 53 | | or county that requires the food service establishment to hold a |
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| 60 | 54 | | permit under Chapter 437, for a civil penalty in an amount not to |
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| 61 | 55 | | exceed: |
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| 62 | 56 | | (1) $250 for a food service establishment with gross |
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| 63 | 57 | | annual food sales of less than $50,000; |
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| 64 | 58 | | (2) $500 for a food service establishment with gross |
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| 65 | 59 | | annual food sales of at least $50,000 but less than $145,000; and |
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| 66 | 60 | | (3) $750 for a food service establishment with gross |
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| 67 | 61 | | annual food sales of at least $145,000. |
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| 68 | 62 | | (b) Each day a violation continues or occurs is a separate |
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| 69 | 63 | | violation for purposes of imposing a penalty. |
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| 70 | 64 | | (c) The attorney general, the district or county attorney |
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| 71 | 65 | | for the county, or the municipal attorney of the municipality in |
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| 72 | 66 | | which the violation is alleged to have occurred may bring an action |
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| 73 | 67 | | to recover a civil penalty under this section. |
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| 74 | 68 | | SECTION 2. This Act takes effect September 1, 2021. |
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