BILL ANALYSIS


                                                         S.B. 811
                                                        By: Lucio
                                                      Agriculture
                                                         03-15-95
                                     Committee Report (Unamended)
BACKGROUND

Currently, food producers in Texas are vulnerable to the careless
or malicious use of false or misleading information and the
subsequent market effect.  The short amount of time available to
harvest and market perishable agricultural and aquacultural food
products makes the vulnerability of these products especially
acute.

PURPOSE

As proposed, S.B. 811 creates liability for the false disparagement
of perishable food products.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 4, Civil Practice and Remedies Code, by
adding Chapter 96, as follows:

   CHAPTER 96.  FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS

     Sec. 96.001.  DEFINITION.  Defines "perishable food product."
     
     Sec. 96.002.  LIABILITY.  (a) Makes a person liable under
     Subsection (b) if the person disseminates information about a
     perishable food product to the public, the person knows that
     the information is false, and the information states or
     implies that the food product is not safe for consumption.
     
     (b) Makes the person liable under Subsection (a) liable to
       the producer of the perishable product for damages and
       appropriate relief arising from the person's dissemination
       of the information.
       
       Sec. 96.003.  PROOF.  (a) Requires the trier of fact to
     presume that a person who disseminates the information
     described by Section 96.002(a)(3) knows the information is
     false, if it is shown that the information was not based on
     reasonable scientific inquiry, facts, or data at the time of
     its dissemination.
     
     (b) Authorizes the presumption established by this section
       to be rebutted by appropriate evidence.
       
       SECTION 2.   Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.