SRC-SLL H.B. 1145 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1145
By: Turner, Bob (Fraser)
Natural Resources
5-6-97
Engrossed


DIGEST 

The American Bison, commonly referred to as buffalo, is no longer an
endangered species and is now produced commercially in Texas.  The Texas
Animal Health Commission requires bison meat processed and sold in Texas
to be labeled with "BISON" in bold, prominent letters.  Prepared products,
such as hamburger patties, sausage, etc., may not be labeled as bison if
they contain the meat, fat, or other by-product of any other species, such
as beef or pork.  However, there are no such regulations for bison or
water buffalo meat processed products which are imported from other states
and sold in Texas.  Consequently, imported products may contain meat other
than bison or water buffalo, but need not indicate this on the label.
Thus, consumers may be led to believe they are buying a pure product and
will pay the same price at retail as if it were a pure product.  Texas
producers are at a competitive disadvantage because producers from other
state can sell their products cheaper at wholesale due to mixing cheaper
cuts of meat with processed bison or water buffalo products.  This bill
will set forth new regulations regarding the labeling of bison and buffalo
products and to the exemption from ad valorem taxation of bison, and
provide a criminal penalty. 

PURPOSE

As proposed, H.B. 1145 sets forth new regulations regarding the labeling
of bison and buffalo products and to the exemption from ad valorem
taxation of bison, and provides a criminal penalty. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6B, Agriculture Code, by adding Chapter 151, as
follows: 

CHAPTER 151.  SALE OF BISON AND BUFFALO PRODUCTS

Sec.  151.001.  DEFINITIONS.  Defines "bison," "bison meat," "buffalo,"
"buffalo meat," "restaurant," and "retail store."  Provides that for the
purposes of Subsections (a)(1) and (a)(3), the terms "bison" and "buffalo"
respectively, do not include a hybrid of the animals listed in those
subdivisions. 

Sec.  151.002.  LABELING OF BISON AND BUFFALO MEAT.  Sets forth
requirements for the labeling of bison and buffalo meat sold by a
restaurant or a retail store. 

Sec.  151.003.  CRIMINAL PENALTY.  Provides that a person commits a Class
C misdemeanor if the person knowingly violates Section 151.002(a) or (e).
Provides that a subsequent offense under this section is a Class B
misdemeanor.  Requires the Texas Department of Health to enforce Section
151.002 and to file a criminal complaint against any person who violates
Section 151.002(a) or (e). 

SECTION 2. Amends Section 11.23(f), Tax Code, as follows:

(f) New heading: BISON, BUFFALO, AND CATTALO.  Provides that a person is
entitled to an exemption from taxation of the bison the person owns that
are not held for gain and that  are used in experimental breeding with
cattle for certain purposes. 

SECTION 3. Effective date: September 1, 1997, except SECTION 2 of this Act
takes effect January 1, 1998. 

SECTION 4. Emergency clause.