By Turner of Coleman H.B. No. 722 74R3195 DAK-D 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 an unprocessed form that will perish or 1-11 decay beyond 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. (a) The trier of fact shall presume 1-24 that a person who disseminates the information described by Section 2-1 96.002(a)(3) knows the information is false if it is shown that, at 2-2 the time the information was disseminated, the information was not 2-3 based on reasonable and reliable scientific inquiry, facts, or 2-4 data. 2-5 (b) The presumption established by this section may be 2-6 rebutted by appropriate evidence. 2-7 SECTION 2. This Act takes effect September 1, 1995, and 2-8 applies only to information disseminated on or after that date. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.