Bill Text: TX HB928 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-05-22 - Committee report printed and distributed [HB928 Detail]
Download: Texas-2021-HB928-Comm_Sub.html
| By: Sherman, Sr., Price (Senate Sponsor - Taylor) | H.B. No. 928 | |
| (In the Senate - Received from the House April 19, 2021; | ||
| May 6, 2021, read first time and referred to Committee on Business & | ||
| Commerce; May 20, 2021, rereferred to Committee on Water, | ||
| Agriculture & Rural Affairs; May 21, 2021, reported favorably by | ||
| the following vote: Yeas 8, Nays 0; May 21, 2021, sent to printer.) | ||
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| relating to the marketing and sale of catfish and similar fish by | ||
| food service establishments; providing administrative and civil | ||
| penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 436, Health and Safety Code, is amended | ||
| by adding Subchapter J to read as follows: | ||
| SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND | ||
| FISH SIMILAR TO CATFISH | ||
| Sec. 436.121. DEFINITIONS. In this subchapter: | ||
| (1) "Catfish" means any species of the scientific | ||
| family Ictaluridae. The term does not include any species of the | ||
| scientific genus Pangasius, family Clariidae or family Siluridae, | ||
| including Swai fish. | ||
| (2) "Food service establishment" has the meaning | ||
| assigned by Section 437.001. | ||
| (3) "Menu board" means a posted list or pictorial | ||
| display of food items offered for sale by a food service | ||
| establishment. | ||
| Sec. 436.122. REQUIREMENTS FOR FOOD SERVICE | ||
| ESTABLISHMENTS. (a) A food service establishment that offers a | ||
| food product for sale may represent and identify the product as | ||
| catfish only if the product contains catfish and does not contain | ||
| another fish similar to catfish. | ||
| (b) A food service establishment that offers for sale a food | ||
| product containing a fish similar to catfish that is not catfish: | ||
| (1) may not represent the product as catfish; and | ||
| (2) shall conspicuously identify the type of fish | ||
| contained in the product in the description of the product on the | ||
| establishment's menu or menu board. | ||
| Sec. 436.123. ADMINISTRATIVE PENALTY. (a) The department, | ||
| or a public health district or county that requires a food service | ||
| establishment to hold a permit under Chapter 437, may impose an | ||
| administrative penalty against a food service establishment that | ||
| violates this subchapter or a rule adopted under this subchapter. | ||
| (b) The penalty for a violation may be in an amount not to | ||
| exceed: | ||
| (1) $250 for a food service establishment with gross | ||
| annual food sales of less than $50,000; | ||
| (2) $500 for a food service establishment with gross | ||
| annual food sales of at least $50,000 but less than $145,000; and | ||
| (3) $750 for a food service establishment with gross | ||
| annual food sales of at least $145,000. | ||
| (c) Each day a violation continues or occurs is a separate | ||
| violation for purposes of imposing a penalty. | ||
| Sec. 436.124. CIVIL PENALTY. (a) A food service | ||
| establishment that violates this subchapter or a rule adopted under | ||
| this subchapter is liable to this state, or a public health district | ||
| or county that requires the food service establishment to hold a | ||
| permit under Chapter 437, for a civil penalty in an amount not to | ||
| exceed: | ||
| (1) $250 for a food service establishment with gross | ||
| annual food sales of less than $50,000; | ||
| (2) $500 for a food service establishment with gross | ||
| annual food sales of at least $50,000 but less than $145,000; and | ||
| (3) $750 for a food service establishment with gross | ||
| annual food sales of at least $145,000. | ||
| (b) Each day a violation continues or occurs is a separate | ||
| violation for purposes of imposing a penalty. | ||
| (c) 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 may bring an action | ||
| to recover a civil penalty under this section. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
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