By: Sims S.B. No. 967 A BILL TO BE ENTITLED AN ACT 1-1 relating to the disparagement of agricultural and aquacultural food 1-2 products and creating a cause of action. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. The Texas Civil Practices and Remedies Code is 1-5 amended by adding a new Chapter 85 to read as follows: 1-6 CHAPTER 85. DISPARAGEMENT OF AGRICULTURAL PRODUCTS 1-7 Sec. 85.01. LEGISLATIVE FINDINGS. The legislature hereby 1-8 finds, determines, and declares that the production of agricultural 1-9 and aquacultural food products constitutes an important and 1-10 significant portion of the state economy and that it is beneficial 1-11 to the citizens of this state to protect the vitality of the 1-12 agricultural and aquacultural economy by providing a cause of 1-13 action for producers of perishable agricultural and aquacultural 1-14 food products to recover damages for the disparagement of any 1-15 perishable agricultural or aquacultural food product. 1-16 Sec. 85.02. DEFINITIONS. In this chapter: 1-17 (1) "Disparagement" means dissemination to the public 1-18 in any manner of any information that the disseminator knows or 1-19 should have known to be false and which states or implies that a 1-20 perishable agricultural or aquacultural food product is not safe 1-21 for consumption by the public. Such information is presumed to be 1-22 false when not based upon reasonable and reliable scientific 1-23 inquiry, facts, or data. 2-1 (2) "Perishable agricultural or aquacultural food 2-2 product" means any food product of agriculture or aquaculture which 2-3 is sold or distributed in a form that will perish or decay beyond 2-4 marketability within a period of time. 2-5 Sec. 85.03. CAUSE OF ACTION; RECOVERY OF DAMAGES. (a) Any 2-6 producer of perishable agricultural or aquacultural food products 2-7 who suffers damage as a result of another person's disparagement of 2-8 any such perishable agricultural or aquacultural food product has a 2-9 cause of action for damages and any other appropriate relief in a 2-10 court of competent jurisdiction. 2-11 (b) The disparagement of a perishable agricultural or 2-12 aquacultural food product with intent to harm the producer or that 2-13 product shall result in the disseminator of the disparaging 2-14 information being liable to the producer for treble damages. 2-15 Sec. 85.04. LIMITATIONS OF ACTION. Any civil action for 2-16 damages for disparagement of perishable agricultural or 2-17 aquacultural food products shall be commenced within three years 2-18 after the cause of action accrues. 2-19 SECTION 2. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force according to its 2-25 terms, and it is so enacted.