| 1 | 1 | | 89R2923 KKR-D |
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| 2 | 2 | | By: Leo Wilson H.B. No. 2343 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to required labeling of and notice regarding imported |
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| 10 | 10 | | shrimp and certain prohibitions on purchasing and serving that |
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| 11 | 11 | | shrimp. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter F, Chapter 436, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 436.083 to read as follows: |
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| 15 | 15 | | Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this |
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| 16 | 16 | | section, a shrimp caught in the Gulf of Mexico outside of the |
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| 17 | 17 | | state-owned submerged lands described by Section 11.012, Natural |
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| 18 | 18 | | Resources Code, is considered imported from outside of this state. |
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| 19 | 19 | | (b) A person may not sell in this state shrimp imported from |
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| 20 | 20 | | outside of this state unless the shrimp's label includes a clear and |
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| 21 | 21 | | conspicuous notice stating the shrimp was imported from outside of |
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| 22 | 22 | | this state. |
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| 23 | 23 | | SECTION 2. Chapter 436, Health and Safety Code, is amended |
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| 24 | 24 | | by adding Subchapter J to read as follows: |
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| 25 | 25 | | SUBCHAPTER J. CERTAIN PROHIBITED USES OF IMPORTED SHRIMP |
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| 26 | 26 | | Sec. 436.151. DEFINITIONS. In this subchapter: |
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| 27 | 27 | | (1) "Imported shrimp" means shrimp considered |
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| 28 | 28 | | imported from outside of this state under Section 436.083. |
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| 29 | 29 | | (2) "School district" means any public school district |
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| 30 | 30 | | in this state. |
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| 31 | 31 | | (3) "State agency" has the meaning assigned by Section |
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| 32 | 32 | | 2062.001, Government Code. |
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| 33 | 33 | | Sec. 436.152. PROHIBITED USE OF IMPORTED SHRIMP. (a) A |
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| 34 | 34 | | state agency or school district that provides food service may not: |
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| 35 | 35 | | (1) serve imported shrimp or food containing imported |
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| 36 | 36 | | shrimp; or |
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| 37 | 37 | | (2) enter into a contract with a person to provide food |
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| 38 | 38 | | service on behalf of the agency or district unless the contract |
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| 39 | 39 | | includes a provision prohibiting the person from serving imported |
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| 40 | 40 | | shrimp or food containing imported shrimp. |
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| 41 | 41 | | (b) Contract language that would circumvent the prohibition |
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| 42 | 42 | | imposed by this section or otherwise achieve the same or a |
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| 43 | 43 | | substantially similar effect as a provision prohibited by this |
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| 44 | 44 | | section is void and unenforceable as against public policy, and |
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| 45 | 45 | | fees may not be paid to any person under the contract. |
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| 46 | 46 | | Sec. 436.153. RULES. The executive commissioner shall |
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| 47 | 47 | | adopt rules necessary to implement this subchapter. |
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| 48 | 48 | | SECTION 3. Chapter 437, Health and Safety Code, is amended |
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| 49 | 49 | | by adding Section 437.029 to read as follows: |
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| 50 | 50 | | Sec. 437.029. IMPORTED SHRIMP NOTICE. (a) For purposes of |
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| 51 | 51 | | this section, a shrimp caught in the Gulf of Mexico outside of the |
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| 52 | 52 | | state-owned submerged lands described by Section 11.012, Natural |
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| 53 | 53 | | Resources Code, is considered imported from outside of this state. |
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| 54 | 54 | | (b) A food service establishment serving shrimp imported |
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| 55 | 55 | | from outside of this state shall provide to its customers notice of |
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| 56 | 56 | | the shrimp's importation. The establishment must: |
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| 57 | 57 | | (1) post the notice in a conspicuous place in an area |
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| 58 | 58 | | of the establishment accessible to the customers; or |
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| 59 | 59 | | (2) place the notice on the establishment's food menu. |
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| 60 | 60 | | (c) The executive commissioner shall adopt rules necessary |
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| 61 | 61 | | to implement this section. |
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| 62 | 62 | | SECTION 4. As soon as practicable after the effective date |
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| 63 | 63 | | of this Act, the executive commissioner of the Health and Human |
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| 64 | 64 | | Services Commission shall adopt rules necessary to implement |
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| 65 | 65 | | Sections 436.083 and 437.029, Health and Safety Code, and |
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| 66 | 66 | | Subchapter J, Chapter 436, Health and Safety Code, as added by this |
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| 67 | 67 | | Act. |
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| 68 | 68 | | SECTION 5. (a) Subchapter J, Chapter 436, Health and Safety |
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| 69 | 69 | | Code, as added by this Act, applies only to a contract entered into |
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| 70 | 70 | | on or after the effective date of this Act. A contract entered into |
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| 71 | 71 | | before the effective date of this Act is governed by the law in |
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| 72 | 72 | | effect on the date the contract was entered into, and the former law |
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| 73 | 73 | | is continued in effect for that purpose. |
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| 74 | 74 | | (b) Notwithstanding Section 436.152, Health and Safety |
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| 75 | 75 | | Code, as added by this Act: |
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| 76 | 76 | | (1) a school district is not required to comply with |
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| 77 | 77 | | that section before the 2025-2026 school year; and |
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| 78 | 78 | | (2) a state agency is not required to comply with that |
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| 79 | 79 | | section before March 1, 2026. |
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| 80 | 80 | | SECTION 6. Notwithstanding Section 437.029, Health and |
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| 81 | 81 | | Safety Code, as added by this Act, a food service establishment is |
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| 82 | 82 | | not required to comply with that section before March 1, 2026. |
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| 83 | 83 | | SECTION 7. This Act takes effect September 1, 2025. |
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