By Turner of Coleman, et al.                           H.B. No. 722
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to liability for false disparagement of perishable food
    1-3  products.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
    1-6  amended by adding Chapter 96 to read as follows:
    1-7     CHAPTER 96.  FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS
    1-8        Sec. 96.001.  DEFINITION.  In this chapter, "perishable food
    1-9  product" means a food product of agriculture or aquaculture that is
   1-10  sold or distributed in a form that will perish or decay beyond
   1-11  marketability within a limited period of time.
   1-12        Sec. 96.002.  LIABILITY.  (a)  A person is liable as provided
   1-13  by Subsection (b) if:
   1-14              (1)  the person disseminates in any manner information
   1-15  relating to a perishable food product to the public;
   1-16              (2)  the person knows the information is false; and
   1-17              (3)  the information states or implies that the
   1-18  perishable food product  is not safe for consumption by the public.
   1-19        (b)  A person who is liable under Subsection (a) is liable to
   1-20  the producer of the perishable food product for damages and any
   1-21  other appropriate relief arising from the person's dissemination of
   1-22  the information.
   1-23        Sec. 96.003.  PROOF.  In determining if information is false,
   1-24  the trier of fact shall consider whether the information was based
    2-1  on reasonable and reliable scientific inquiry, facts, or data.
    2-2        Sec. 96.004.  CERTAIN MARKETING OR LABELING EXCLUDED.  A
    2-3  person is not liable under this chapter for marketing or labeling
    2-4  any agricultural product in a manner that indicates that the
    2-5  product:
    2-6              (1)  was grown or produced by using or not using a
    2-7  chemical or drug;
    2-8              (2)  was organically grown; or
    2-9              (3)  was grown without the use of any synthetic
   2-10  additive.
   2-11        SECTION 2.  This Act takes effect September 1, 1995, and
   2-12  applies only to information disseminated on or after that date.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.