BILL ANALYSIS Senate Research Center C.S.S.B. 1484 89R20778 MCF-D By: Hinojosa, Adam Water, Agriculture and Rural Affairs 3/24/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Aquaculture is essential to meeting the increasing demand for seafood and contributes significantly to the Texas economy. Over 85 percent of seafood consumed in the U.S. is imported, often from countries with different environmental and food safety standards. Texas leads in aquaculture production, particularly in shrimp, hybrid striped bass, red drum, and catfish. However, regulatory burdens and misleading seafood labeling create challenges for local farmers and consumers. S.B. 1484 would promote fair competition for domestic producers and ensure transparency in seafood labeling. The bill requires proper labeling of catfish, helping consumers make informed choices while supporting Texas aquaculture. Summary Changes C.S.S.B. 1484 Adds participants in the supply chain: "suppliers, wholesalers, distributors, or wholesale distributors." Removes the following language. What this does is makes so that if the fish is not catfish, they represent it as "catfish." However, they do not have to say exactly what kind of fish it is. o "may not represent the product as catfish; and o shall conspicuously identify the type of fish contained in the product and its country of origin in the description of the product on the establishment's menu or menu board." Adds an affirmative defense for any food service establishment that purchased in good faith. Provide that a business that has been penalized under one provision (administrative or civil) cannot be penalized again under the other provision for the same acts. C.S.S.B. 1484 amends current law relating to the marketing and sale of catfish and similar fish by food service establishments, food service suppliers, wholesalers, distributors, and wholesale distributors and provides administrative and civil penalties. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 436, Health and Safety Code, by adding Subchapter J, as follows: SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND FISH SIMILAR TO CATFISH Sec. 436.151. DEFINITIONS. Defines "catfish," "distributor," "food service establishment," "food service supplier," "wholesale distributor," and "wholesaler." Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS, AND WHOLESALE DISTRIBUTORS. (a) Authorizes a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor that offers a food product for sale to represent and identify the product as catfish only if the product contains catfish and does not contain another fish similar to catfish. (b) Prohibits a food service establishment that offers for sale a food product containing a fish similar to catfish that is not catfish from representing the product as catfish. (c) Provides that a food service supplier, wholesaler, distributor, or wholesale distributor that offers for sale a product containing a fish similar to catfish that is not catfish is prohibited from representing the product as catfish and is required to ensure the species and country of origin of the fish contained in the product are conspicuously identified in the description of the product on the product's packaging or container. Sec. 436.153. ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE. (a) Authorizes the Department of State Health Services (DSHS), a public health district, or a county that under Chapter 431 (Texas Food, Drug, and Cosmetic Act) or 437 (Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors) requires a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor to hold a license or permit to operate in this state, to impose an administrative penalty against the license or permit holder for a violation of this subchapter or a rule adopted under this subchapter. (b) Requires DSHS, public health district, or county, as applicable, to determine the amount of the penalty imposed for the violation based on the seriousness of the conduct. (c) Provides that each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty under this section. (d) Provides that it is an affirmative defense to the imposition of an administrative penalty under this section that a food service establishment demonstrates the establishment in good faith believed the fish the establishment purchased and offered for sale was catfish. Sec. 436.154. CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) Provides that a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor that violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty to this state, a public health district, or a county that under Chapter 431 or 437 requires a license or permit to operate in this state. (b) Requires the court to determine the amount of the penalty to be imposed based on the seriousness of the conduct. (c) Provides that each day a violation continues or occurs is a separate violation for purposes of imposing a civil penalty under this section. (d) Authorizes the attorney general, the district or county attorney for the county, or the municipal attorney of the municipality in which the violation is alleged to have occurred to bring an action to recover a civil penalty under this section. (e) Provides that it is an affirmative defense to liability in a civil action under this section that a food service establishment demonstrates the establishment in good faith believed the fish the establishment purchased and offered for sale was catfish. Sec. 436.155. REMEDIES NOT CUMULATIVE. Authorizes a person to be subject to either an administrative penalty under Section 436.153 or a civil penalty under Section 436.154 for a violation of this subchapter arising from the same conduct, but not both. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1484
89R20778 MCF-D By: Hinojosa, Adam
Water, Agriculture and Rural Affairs
3/24/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1484
89R20778 MCF-D
By: Hinojosa, Adam
Water, Agriculture and Rural Affairs
3/24/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Aquaculture is essential to meeting the increasing demand for seafood and contributes significantly to the Texas economy. Over 85 percent of seafood consumed in the U.S. is imported, often from countries with different environmental and food safety standards. Texas leads in aquaculture production, particularly in shrimp, hybrid striped bass, red drum, and catfish. However, regulatory burdens and misleading seafood labeling create challenges for local farmers and consumers.
S.B. 1484 would promote fair competition for domestic producers and ensure transparency in seafood labeling. The bill requires proper labeling of catfish, helping consumers make informed choices while supporting Texas aquaculture.
Summary Changes C.S.S.B. 1484
Adds participants in the supply chain: "suppliers, wholesalers, distributors, or wholesale distributors."
Removes the following language. What this does is makes so that if the fish is not catfish, they represent it as "catfish." However, they do not have to say exactly what kind of fish it is.
o "may not represent the product as catfish; and
o shall conspicuously identify the type of fish contained in the product and its country of origin in the description of the product on the establishment's menu or menu board."
Adds an affirmative defense for any food service establishment that purchased in good faith.
Provide that a business that has been penalized under one provision (administrative or civil) cannot be penalized again under the other provision for the same acts.
C.S.S.B. 1484 amends current law relating to the marketing and sale of catfish and similar fish by food service establishments, food service suppliers, wholesalers, distributors, and wholesale distributors and provides administrative and civil penalties.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 436, Health and Safety Code, by adding Subchapter J, as follows:
SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND FISH SIMILAR TO CATFISH
Sec. 436.151. DEFINITIONS. Defines "catfish," "distributor," "food service establishment," "food service supplier," "wholesale distributor," and "wholesaler."
Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS, AND WHOLESALE DISTRIBUTORS. (a) Authorizes a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor that offers a food product for sale to represent and identify the product as catfish only if the product contains catfish and does not contain another fish similar to catfish.
(b) Prohibits a food service establishment that offers for sale a food product containing a fish similar to catfish that is not catfish from representing the product as catfish.
(c) Provides that a food service supplier, wholesaler, distributor, or wholesale distributor that offers for sale a product containing a fish similar to catfish that is not catfish is prohibited from representing the product as catfish and is required to ensure the species and country of origin of the fish contained in the product are conspicuously identified in the description of the product on the product's packaging or container.
Sec. 436.153. ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE. (a) Authorizes the Department of State Health Services (DSHS), a public health district, or a county that under Chapter 431 (Texas Food, Drug, and Cosmetic Act) or 437 (Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors) requires a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor to hold a license or permit to operate in this state, to impose an administrative penalty against the license or permit holder for a violation of this subchapter or a rule adopted under this subchapter.
(b) Requires DSHS, public health district, or county, as applicable, to determine the amount of the penalty imposed for the violation based on the seriousness of the conduct.
(c) Provides that each day a violation continues or occurs is a separate violation for purposes of imposing an administrative penalty under this section.
(d) Provides that it is an affirmative defense to the imposition of an administrative penalty under this section that a food service establishment demonstrates the establishment in good faith believed the fish the establishment purchased and offered for sale was catfish.
Sec. 436.154. CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) Provides that a food service establishment, food service supplier, wholesaler, distributor, or wholesale distributor that violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty to this state, a public health district, or a county that under Chapter 431 or 437 requires a license or permit to operate in this state.
(b) Requires the court to determine the amount of the penalty to be imposed based on the seriousness of the conduct.
(c) Provides that each day a violation continues or occurs is a separate violation for purposes of imposing a civil penalty under this section.
(d) Authorizes the attorney general, the district or county attorney for the county, or the municipal attorney of the municipality in which the violation is alleged to have occurred to bring an action to recover a civil penalty under this section.
(e) Provides that it is an affirmative defense to liability in a civil action under this section that a food service establishment demonstrates the establishment in good faith believed the fish the establishment purchased and offered for sale was catfish.
Sec. 436.155. REMEDIES NOT CUMULATIVE. Authorizes a person to be subject to either an administrative penalty under Section 436.153 or a civil penalty under Section 436.154 for a violation of this subchapter arising from the same conduct, but not both.
SECTION 2. Effective date: September 1, 2025.