Texas 2025 - 89th Regular

Texas Senate Bill SB1484 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa of Nueces S.B. No. 1484
2		-	Kolkhorst
3		-
4		-
	1	+	By: Hinojosa of Nueces, Kolkhorst S.B. No. 1484
	2	+	(In the Senate - Filed February 20, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on Water, Agriculture and
	4	+	Rural Affairs; March 26, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	March 26, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1484 By: Hancock
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to the marketing and sale of catfish and similar fish by
10	14		food service establishments, food service suppliers, wholesalers,
11	15		distributors, and wholesale distributors; providing administrative
12	16		and civil penalties.
13	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	18		SECTION 1. Chapter 436, Health and Safety Code, is amended
15	19		by adding Subchapter J to read as follows:
16	20		SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND FISH SIMILAR TO
17	21		CATFISH
18	22		Sec. 436.151. DEFINITIONS. In this subchapter:
19	23		(1) "Catfish" means any species of the scientific
20	24		family Ictaluridae that is caught or produced by the customary
21	25		technique of aquaculture and fishing in freshwater sources in the
22	26		United States or a territory of the United States. The term does
23	27		not include any species of the scientific genus Pangasius, family
24	28		Clariidae, or family Siluridae, including fish commonly known as
25	29		basa, tra, and swai.
26	30		(2) "Distributor" means a person who transports and
27	31		delivers seafood from a food service supplier or wholesaler to a
28	32		food service establishment.
29	33		(3) "Food service establishment" has the meaning
30	34		assigned by Section 437.001.
31	35		(4) "Food service supplier" means a person who
32	36		sources, processes, or packages seafood for commercial sale. The
33	37		term includes a wholesaler, manufacturer, and seafood broker.
34	38		(5) "Wholesale distributor" means a person who sells
35	39		seafood exclusively to another business, such as a distributor or a
36	40		food service establishment, without direct-to-consumer sales.
37	41		(6) "Wholesaler" means a person who purchases seafood
38	42		in bulk from a food service supplier and resells the food to a
39	43		distributor or food service establishment.
40	44		Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE
41	45		ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS,
42	46		AND WHOLESALE DISTRIBUTORS. (a) A food service establishment,
43	47		food service supplier, wholesaler, distributor, or wholesale
44	48		distributor that offers a food product for sale may represent and
45	49		identify the product as catfish only if the product contains
46	50		catfish and does not contain another fish similar to catfish.
47	51		(b) A food service establishment that offers for sale a food
48	52		product containing a fish similar to catfish that is not catfish may
49	53		not represent the product as catfish.
50	54		(c) A food service supplier, wholesaler, distributor, or
51	55		wholesale distributor that offers for sale a product containing a
52	56		fish similar to catfish that is not catfish:
53	57		(1) may not represent the product as catfish; and
54	58		(2) shall ensure the species and country of origin of
55	59		the fish contained in the product are conspicuously identified in
56	60		the description of the product on the product's packaging or
57	61		container.
58	62		Sec. 436.153. ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE.
59	63		(a) The department, a public health district, or a county that
60	64		under Chapter 431 or 437 requires a food service establishment,
61	65		food service supplier, wholesaler, distributor, or wholesale
62	66		distributor to hold a license or permit to operate in this state may
63	67		impose an administrative penalty against the license or permit
64	68		holder for a violation of this subchapter or a rule adopted under
65	69		this subchapter.
66	70		(b) The department, public health district, or county, as
67	71		applicable, shall determine the amount of the penalty imposed for
68	72		the violation based on the seriousness of the conduct.
69	73		(c) Each day a violation continues or occurs is a separate
70	74		violation for purposes of imposing an administrative penalty under
71	75		this section.
72	76		(d) It is an affirmative defense to the imposition of an
73	77		administrative penalty under this section that a food service
74	78		establishment demonstrates the establishment in good faith
75	79		believed the fish the establishment purchased and offered for sale
76	80		was catfish.
77	81		Sec. 436.154. CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) A
78	82		food service establishment, food service supplier, wholesaler,
79	83		distributor, or wholesale distributor that violates this
80	84		subchapter or a rule adopted under this subchapter is liable for a
81	85		civil penalty to this state, a public health district, or a county
82	86		that under Chapter 431 or 437 requires a license or permit to
83	87		operate in this state.
84	88		(b) The court shall determine the amount of the penalty to
85	89		be imposed based on the seriousness of the conduct.
86	90		(c) Each day a violation continues or occurs is a separate
87	91		violation for purposes of imposing a civil penalty under this
88	92		section.
89	93		(d) The attorney general, the district or county attorney
90	94		for the county, or the municipal attorney of the municipality in
91	95		which the violation is alleged to have occurred may bring an action
92	96		to recover a civil penalty under this section.
93	97		(e) It is an affirmative defense to liability in a civil
94	98		action under this section that a food service establishment
95	99		demonstrates the establishment in good faith believed the fish the
96	100		establishment purchased and offered for sale was catfish.
97	101		Sec. 436.155. REMEDIES NOT CUMULATIVE. A person may be
98	102		subject to either an administrative penalty under Section 436.153
99	103		or a civil penalty under Section 436.154 for a violation of this
100	104		subchapter arising from the same conduct, but not both.
101	105		SECTION 2. This Act takes effect September 1, 2025.
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