1-1 By: Turner of Coleman, et al. H.B. No. 722 1-2 (Senate Sponsor - Lucio) 1-3 (In the Senate - Received from the House April 3, 1995; 1-4 April 4, 1995, read first time and referred to Committee on Natural 1-5 Resources; April 20, 1995, reported favorably by the following 1-6 vote: Yeas 8, Nays 0; April 20, 1995, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to liability for false disparagement of perishable food 1-10 products. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Title 4, Civil Practice and Remedies Code, is 1-13 amended by adding Chapter 96 to read as follows: 1-14 CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS 1-15 Sec. 96.001. DEFINITION. In this chapter, "perishable food 1-16 product" means a food product of agriculture or aquaculture that is 1-17 sold or distributed in a form that will perish or decay beyond 1-18 marketability within a limited period of time. 1-19 Sec. 96.002. LIABILITY. (a) A person is liable as provided 1-20 by Subsection (b) if: 1-21 (1) the person disseminates in any manner information 1-22 relating to a perishable food product to the public; 1-23 (2) the person knows the information is false; and 1-24 (3) the information states or implies that the 1-25 perishable food product is not safe for consumption by the public. 1-26 (b) A person who is liable under Subsection (a) is liable to 1-27 the producer of the perishable food product for damages and any 1-28 other appropriate relief arising from the person's dissemination of 1-29 the information. 1-30 Sec. 96.003. PROOF. In determining if information is false, 1-31 the trier of fact shall consider whether the information was based 1-32 on reasonable and reliable scientific inquiry, facts, or data. 1-33 Sec. 96.004. CERTAIN MARKETING OR LABELING EXCLUDED. A 1-34 person is not liable under this chapter for marketing or labeling 1-35 any agricultural product in a manner that indicates that the 1-36 product: 1-37 (1) was grown or produced by using or not using a 1-38 chemical or drug; 1-39 (2) was organically grown; or 1-40 (3) was grown without the use of any synthetic 1-41 additive. 1-42 SECTION 2. This Act takes effect September 1, 1995, and 1-43 applies only to information disseminated on or after that date. 1-44 SECTION 3. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * *