By Turner of Coleman H.B. No. 2494 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disparagement of agricultural and aquacultural food 1-3 products and creating a cause of action. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Texas Civil Practices and Remedies Code is 1-6 amended by adding a new Chapter 85 to read as follows: 1-7 CHAPTER 85. DISPARAGEMENT OF AGRICULTURAL PRODUCTS 1-8 Sec. 85.01. Legislative Findings. 1-9 The legislature hereby finds, determines, and declares that 1-10 the production of agricultural and aquacultural food products 1-11 constitutes an important and significant portion of the state 1-12 economy and that it is beneficial to the citizens of this state to 1-13 protect the vitality of the agricultural and aquacultural economy 1-14 by providing a cause of action for producers of perishable 1-15 agricultural and aquacultural food products to recover damages for 1-16 the disparagement of any perishable agricultural or aquacultural 1-17 food product. 1-18 Sec. 85.02. Definitions. 1-19 In this chapter: 1-20 (1) "Disparagement" means dissemination to the public in any 1-21 manner of any information that the disseminator knows or should 1-22 have known to be false and which states or implies that a 1-23 perishable agricultural or aquacultural food product is not safe 2-1 for consumption by the public. Such information is presumed to be 2-2 false when not based upon reasonable and reliable scientific 2-3 inquiry, facts, or data. 2-4 (2) "Perishable agricultural or aquacultural food product" 2-5 means any food product of agriculture or aquaculture which is sold 2-6 or distributed in a form that will perish or decay beyond 2-7 marketability within a period of time. 2-8 Sec. 85.03. Cause of Action; Recovery of Damages 2-9 (a) Any producer of perishable agricultural or aquacultural 2-10 food products who suffers damage as a result of another person's 2-11 disparagement of any such perishable agricultural or aquacultural 2-12 food product has a cause of action for damages and any other 2-13 appropriate relief in a court of competent jurisdiction. 2-14 (b) The disparagement of a perishable agricultural or 2-15 aquacultural food product with intent to harm the producer or that 2-16 product shall result in the disseminator of the disparaging 2-17 information being liable to the producer for treble damages. 2-18 Sec. 85.04. Limitations of Action. 2-19 Any civil action for damages for disparagement of perishable 2-20 agricultural or aquacultural food products shall be commenced 2-21 within three years after the cause of action accrues. 2-22 SECTION 2. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.