Texas 2023 - 88th Regular

Texas Senate Bill SB691 Compare Versions

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11 S.B. No. 691
22
33
44 AN ACT
55 relating to an animal share exemption for certain meat and meat food
66 products; providing a civil penalty.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subchapter A, Chapter 433, Health and Safety
99 Code, is amended by adding Section 433.0065 to read as follows:
1010 Sec. 433.0065. ANIMAL SHARE EXEMPTION; CIVIL PENALTY. (a)
1111 In this section, "animal share" means an ownership interest in one
1212 or more identified livestock animals created by a contract between
1313 a farmer or rancher who owns the livestock and a prospective
1414 co-owner of the livestock.
1515 (b) An animal share executed by a co-owner and a farmer or
1616 rancher under this section must include:
1717 (1) a bill of sale the farmer or rancher provides to
1818 the co-owner conveying an ownership interest in the livestock;
1919 (2) a provision authorizing the farmer or rancher to
2020 board the livestock and arrange preparation of the livestock as
2121 meat and meat food products for the co-owner; and
2222 (3) a provision entitling the co-owner to a share of
2323 meat and meat food products derived from the livestock.
2424 (c) The provisions of this chapter requiring inspection of
2525 livestock before slaughter and inspection of the preparation of
2626 meat and meat food products do not apply to the slaughter of
2727 livestock and preparation of meat and meat food products if:
2828 (1) ownership of the livestock under an animal share
2929 is established before the livestock is slaughtered and the meat and
3030 meat food products are prepared;
3131 (2) the meat and meat food products are:
3232 (A) prepared from livestock subject to an animal
3333 share and delivered to the establishment preparing the products by
3434 the farmer or rancher boarding the livestock; and
3535 (B) following preparation, delivered directly to
3636 the co-owner;
3737 (3) on delivery of the meat or meat food products to
3838 the co-owner, the establishment provides to the co-owner notice
3939 that the department has not inspected the meat or meat food products
4040 in:
4141 (A) a separate written statement that
4242 prominently displays the warning; or
4343 (B) a warning statement prominently displayed on
4444 a label affixed to the meat or meat food product packaging;
4545 (4) the label affixed to the meat or meat food product
4646 clearly and conspicuously states "Not for Sale"; and
4747 (5) the farmer or rancher provides to the co-owner
4848 information describing the standards the farmer or rancher followed
4949 in maintaining livestock health and preparing the meat and meat
5050 food products derived from the livestock.
5151 (d) A person may not sell, donate, or commercially
5252 redistribute meat or meat food products produced in accordance with
5353 this section. A person who violates this subsection is liable to
5454 this state for a civil penalty in the amount of $10,000 for each
5555 violation. The attorney general may bring an action to recover a
5656 civil penalty authorized under this subsection and may recover
5757 reasonable expenses incurred in obtaining the civil penalty,
5858 including court costs, attorney's fees, investigative costs,
5959 witness fees, and deposition expenses.
6060 (e) A farmer or rancher may not publish a statement that
6161 implies department approval or endorsement regarding meat or meat
6262 food products delivered pursuant to an animal share.
6363 (f) The adulteration and misbranding provisions of this
6464 chapter, other than the requirement of an inspection legend, apply
6565 to meat or meat food products prepared by a processing
6666 establishment under this section.
6767 (g) This section does not authorize the preparation of meat
6868 or meat food products in violation of the Federal Meat Inspection
6969 Act (21 U.S.C. Section 601 et seq.).
7070 SECTION 2. Section 433.024(b), Health and Safety Code, is
7171 amended to read as follows:
7272 (b) The department shall inspect each slaughtering
7373 establishment whose primary business is the selling of livestock to
7474 be slaughtered by the purchaser on premises owned or operated by the
7575 seller. This subsection does not nullify the provisions in Section
7676 433.006 relating to exemptions or Section 433.0065 relating to an
7777 animal share exemption.
7878 SECTION 3. This Act takes effect September 1, 2023.
7979 ______________________________ ______________________________
8080 President of the Senate Speaker of the House
8181 I hereby certify that S.B. No. 691 passed the Senate on
8282 April 3, 2023, by the following vote: Yeas 31, Nays 0.
8383 ______________________________
8484 Secretary of the Senate
8585 I hereby certify that S.B. No. 691 passed the House on
8686 May 19, 2023, by the following vote: Yeas 126, Nays 17,
8787 two present not voting.
8888 ______________________________
8989 Chief Clerk of the House
9090 Approved:
9191 ______________________________
9292 Date
9393 ______________________________
9494 Governor