Bill Text: TX HB1050 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to liability of food donors.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-16 - Effective immediately [HB1050 Detail]

Download: Texas-2015-HB1050-Enrolled.html
 
 
  H.B. No. 1050
 
 
 
 
AN ACT
  relating to liability of food donors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 76.004(a) and (c), Civil Practice and
  Remedies Code, are amended to read as follows:
         (a)  A person or gleaner is not subject to civil or criminal
  liability arising from the condition of apparently wholesome food
  that the person or gleaner donates to a church, a not-for-profit
  organization or a nonprofit organization for distribution to the
  needy, if the food is apparently wholesome at the time of donation.
  This subsection does not apply to an injury or death that results
  from an act or omission of the donor constituting gross negligence,
  recklessness, or intentional misconduct.
         (c)  A nonprofit organization is not subject to civil or
  criminal liability arising from the condition of apparently
  wholesome food that it distributes to the needy at no charge in
  substantial compliance with applicable local, county, state, and
  federal laws and rules regarding the storage and handling of food
  for distribution to the public, if the food is apparently wholesome
  at the time of distribution. This subsection does not apply to an
  injury or death that results from an act or omission of the
  organization constituting gross negligence, recklessness, or
  intentional misconduct.
         SECTION 2.  The change in law made by this Act applies only
  to the donation or distribution of food on or after the effective
  date of this Act. The donation or distribution of food before the
  effective date of this Act is governed by the law applicable to the
  donation or distribution immediately before the effective date of
  this Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1050 was passed by the House on April
  23, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1050 was passed by the Senate on May
  22, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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