Texas 2023 88th Regular

Texas Senate Bill SB691 Introduced / Bill

Filed 02/03/2023

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                    88R6867 MPF-F
 By: Kolkhorst S.B. No. 691


 A BILL TO BE ENTITLED
 AN ACT
 relating to an animal share exemption for certain meat and meat food
 products; providing a civil penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 433, Health and Safety
 Code, is amended by adding Section 433.0065 to read as follows:
 Sec. 433.0065.  ANIMAL SHARE EXEMPTION; CIVIL PENALTY. (a)
 In this section, "animal share" means an ownership interest in
 livestock created by a contract between a consumer and a farmer or
 rancher who owns the livestock.
 (b)  An animal share executed by a consumer and a farmer or
 rancher under this section must include:
 (1)  a bill of sale the farmer or rancher provides to
 the consumer conveying to the consumer an ownership interest in the
 livestock;
 (2)  a provision authorizing the farmer or rancher to
 board the livestock and arrange preparation of the livestock as
 meat and meat food products for the consumer; and
 (3)  a provision entitling the consumer to a share of
 meat and meat food products derived from the livestock.
 (c)  The provisions of this chapter requiring inspection of
 livestock before slaughter and inspection of the preparation of
 meat and meat food products do not apply to the slaughter of
 livestock and preparation of meat and meat food products if:
 (1)  ownership of the livestock under an animal share
 is established before the livestock is slaughtered and the meat and
 meat food products are prepared;
 (2)  the meat and meat food products are:
 (A)  prepared from livestock subject to an animal
 share and delivered to the establishment preparing the products by
 the farmer or rancher boarding the livestock; and
 (B)  following preparation, delivered directly to
 the consumer who owns the animal share;
 (3)  on delivery of the meat or meat food products to
 the consumer, the establishment provides to the consumer notice
 that the department has not inspected the meat or meat food products
 in:
 (A)  a separate written statement that
 prominently displays the warning; or
 (B)  a warning statement prominently displayed on
 a label affixed to the meat or meat food product packaging; and
 (4)  the farmer or rancher provides to the consumer
 information describing the standards the farmer or rancher followed
 in maintaining livestock health and preparing the meat and meat
 food products derived from the livestock.
 (d)  A consumer may not sell, donate, or commercially
 redistribute meat or meat food products delivered to the consumer
 in accordance with this section.  A person who violates this
 subsection is liable to this state for a civil penalty in the amount
 of $10,000 for each violation.  The attorney general may bring an
 action to recover a civil penalty authorized under this subsection
 and may recover reasonable expenses incurred in obtaining the civil
 penalty, including court costs, attorney's fees, investigative
 costs, witness fees, and deposition expenses.
 (e)  A farmer or rancher may not publish a statement that
 implies department approval or endorsement regarding meat or meat
 food products delivered pursuant to an animal share.
 SECTION 2.  Section 433.024(b), Health and Safety Code, is
 amended to read as follows:
 (b)  The department shall inspect each slaughtering
 establishment whose primary business is the selling of livestock to
 be slaughtered by the purchaser on premises owned or operated by the
 seller.  This subsection does not nullify the provisions in Section
 433.006 relating to exemptions or Section 433.0065 relating to an
 animal share exemption.
 SECTION 3.  This Act takes effect September 1, 2023.