Texas 2023 - 88th Regular

Texas House Bill HB1349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5159 KKR-D
2	2	By: Sherman, Sr., Price, Collier, Smith, H.B. No. 1349
3	3	Leo-Wilson
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the marketing and sale of catfish and similar fish by
9	9	food service establishments; providing administrative and civil
10	10	penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 436, Health and Safety Code, is amended
13	13	by adding Subchapter J to read as follows:
14	14	SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND
15	15	FISH SIMILAR TO CATFISH
16	16	Sec. 436.151. DEFINITIONS. In this subchapter:
17	17	(1) "Catfish" means any species of the scientific
18	18	family Ictaluridae. The term does not include any species of the
19	19	scientific genus Pangasius, family Clariidae or family Siluridae,
20	20	including Swai fish.
21	21	(2) "Food service establishment" has the meaning
22	22	assigned by Section 437.001.
23	23	(3) "Menu board" means a posted list or pictorial
24	24	display of food items offered for sale by a food service
25	25	establishment.
26	26	Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE
27	27	ESTABLISHMENTS. (a) A food service establishment that offers a
28	28	food product for sale may represent and identify the product as
29	29	catfish only if the product contains catfish and does not contain
30	30	another fish similar to catfish.
31	31	(b) A food service establishment that offers for sale a food
32	32	product containing a fish similar to catfish that is not catfish:
33	33	(1) may not represent the product as catfish; and
34	34	(2) shall conspicuously identify the type of fish
35	35	contained in the product in the description of the product on the
36	36	establishment's menu or menu board.
37	37	Sec. 436.153. ADMINISTRATIVE PENALTY. (a) The department,
38	38	or a public health district or county that under Chapter 437
39	39	requires a food service establishment to obtain a permit, may
40	40	impose an administrative penalty against a food service
41	41	establishment that violates this subchapter or a rule adopted under
42	42	this subchapter.
43	43	(b) The penalty for a violation may be in an amount not to
44	44	exceed:
45	45	(1) $250 for a food service establishment with gross
46	46	annual food sales of less than $50,000;
47	47	(2) $500 for a food service establishment with gross
48	48	annual food sales of at least $50,000 but less than $145,000; and
49	49	(3) $750 for a food service establishment with gross
50	50	annual food sales of at least $145,000.
51	51	(c) Each day a violation continues or occurs is a separate
52	52	violation for purposes of imposing a penalty.
53	53	Sec. 436.154. CIVIL PENALTY. (a) A food service
54	54	establishment that violates this subchapter or a rule adopted under
55	55	this subchapter is liable to this state, or a public health district
56	56	or county that under Chapter 437 requires the food service
57	57	establishment to obtain a permit, for a civil penalty in an amount
58	58	not to exceed:
59	59	(1) $250 for a food service establishment with gross
60	60	annual food sales of less than $50,000;
61	61	(2) $500 for a food service establishment with gross
62	62	annual food sales of at least $50,000 but less than $145,000; and
63	63	(3) $750 for a food service establishment with gross
64	64	annual food sales of at least $145,000.
65	65	(b) Each day a violation continues or occurs is a separate
66	66	violation for purposes of imposing a penalty.
67	67	(c) The attorney general, the district or county attorney
68	68	for the county, or the municipal attorney of the municipality in
69	69	which the violation is alleged to have occurred may bring an action
70	70	to recover a civil penalty under this section.
71	71	SECTION 2. This Act takes effect September 1, 2023.