By: Sherman, Sr., Price (Senate Sponsor - Taylor) H.B. No. 928
(In the Senate - Received from the House April 19, 2021;
May 6, 2021, read first time and referred to Committee on Business &
Commerce; May 20, 2021, rereferred to Committee on Water,
Agriculture & Rural Affairs; May 21, 2021, reported favorably by
the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the marketing and sale of catfish and similar fish by
food service establishments; providing administrative and civil
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 436, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND
FISH SIMILAR TO CATFISH
Sec. 436.121. DEFINITIONS. In this subchapter:
(1) "Catfish" means any species of the scientific
family Ictaluridae. The term does not include any species of the
scientific genus Pangasius, family Clariidae or family Siluridae,
including Swai fish.
(2) "Food service establishment" has the meaning
assigned by Section 437.001.
(3) "Menu board" means a posted list or pictorial
display of food items offered for sale by a food service
establishment.
Sec. 436.122. REQUIREMENTS FOR FOOD SERVICE
ESTABLISHMENTS. (a) A food service establishment that offers a
food product for sale may represent and identify the product as
catfish only if the product contains catfish and does not contain
another fish similar to catfish.
(b) A food service establishment that offers for sale a food
product containing a fish similar to catfish that is not catfish:
(1) may not represent the product as catfish; and
(2) shall conspicuously identify the type of fish
contained in the product in the description of the product on the
establishment's menu or menu board.
Sec. 436.123. ADMINISTRATIVE PENALTY. (a) The department,
or a public health district or county that requires a food service
establishment to hold a permit under Chapter 437, may impose an
administrative penalty against a food service establishment that
violates this subchapter or a rule adopted under this subchapter.
(b) The penalty for a violation may be in an amount not to
exceed:
(1) $250 for a food service establishment with gross
annual food sales of less than $50,000;
(2) $500 for a food service establishment with gross
annual food sales of at least $50,000 but less than $145,000; and
(3) $750 for a food service establishment with gross
annual food sales of at least $145,000.
(c) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty.
Sec. 436.124. CIVIL PENALTY. (a) A food service
establishment that violates this subchapter or a rule adopted under
this subchapter is liable to this state, or a public health district
or county that requires the food service establishment to hold a
permit under Chapter 437, for a civil penalty in an amount not to
exceed:
(1) $250 for a food service establishment with gross
annual food sales of less than $50,000;
(2) $500 for a food service establishment with gross
annual food sales of at least $50,000 but less than $145,000; and
(3) $750 for a food service establishment with gross
annual food sales of at least $145,000.
(b) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty.
(c) The attorney general, the district or county attorney
for the county, or the municipal attorney of the municipality in
which the violation is alleged to have occurred may bring an action
to recover a civil penalty under this section.
SECTION 2. This Act takes effect September 1, 2021.
* * * * *