89R2923 KKR-D
By: Leo Wilson H.B. No. 2343
A BILL TO BE ENTITLED
AN ACT
relating to required labeling of and notice regarding imported
shrimp and certain prohibitions on purchasing and serving that
shrimp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 436, Health and Safety
Code, is amended by adding Section 436.083 to read as follows:
Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this
section, a shrimp caught in the Gulf of Mexico outside of the
state-owned submerged lands described by Section 11.012, Natural
Resources Code, is considered imported from outside of this state.
(b) A person may not sell in this state shrimp imported from
outside of this state unless the shrimp's label includes a clear and
conspicuous notice stating the shrimp was imported from outside of
this state.
SECTION 2. Chapter 436, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. CERTAIN PROHIBITED USES OF IMPORTED SHRIMP
Sec. 436.151. DEFINITIONS. In this subchapter:
(1) "Imported shrimp" means shrimp considered
imported from outside of this state under Section 436.083.
(2) "School district" means any public school district
in this state.
(3) "State agency" has the meaning assigned by Section
2062.001, Government Code.
Sec. 436.152. PROHIBITED USE OF IMPORTED SHRIMP. (a) A
state agency or school district that provides food service may not:
(1) serve imported shrimp or food containing imported
shrimp; or
(2) enter into a contract with a person to provide food
service on behalf of the agency or district unless the contract
includes a provision prohibiting the person from serving imported
shrimp or food containing imported shrimp.
(b) Contract language that would circumvent the prohibition
imposed by this section or otherwise achieve the same or a
substantially similar effect as a provision prohibited by this
section is void and unenforceable as against public policy, and
fees may not be paid to any person under the contract.
Sec. 436.153. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 3. Chapter 437, Health and Safety Code, is amended
by adding Section 437.029 to read as follows:
Sec. 437.029. IMPORTED SHRIMP NOTICE. (a) For purposes of
this section, a shrimp caught in the Gulf of Mexico outside of the
state-owned submerged lands described by Section 11.012, Natural
Resources Code, is considered imported from outside of this state.
(b) A food service establishment serving shrimp imported
from outside of this state shall provide to its customers notice of
the shrimp's importation. The establishment must:
(1) post the notice in a conspicuous place in an area
of the establishment accessible to the customers; or
(2) place the notice on the establishment's food menu.
(c) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Sections 436.083 and 437.029, Health and Safety Code, and
Subchapter J, Chapter 436, Health and Safety Code, as added by this
Act.
SECTION 5. (a) Subchapter J, Chapter 436, Health and Safety
Code, as added by this Act, applies only to a contract entered into
on or after the effective date of this Act. A contract entered into
before the effective date of this Act is governed by the law in
effect on the date the contract was entered into, and the former law
is continued in effect for that purpose.
(b) Notwithstanding Section 436.152, Health and Safety
Code, as added by this Act:
(1) a school district is not required to comply with
that section before the 2025-2026 school year; and
(2) a state agency is not required to comply with that
section before March 1, 2026.
SECTION 6. Notwithstanding Section 437.029, Health and
Safety Code, as added by this Act, a food service establishment is
not required to comply with that section before March 1, 2026.
SECTION 7. This Act takes effect September 1, 2025.