ALM H.B. 1145 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 1145 By: Turner, Bob 2-27-97 Committee Report (Unamended) BACKGROUND 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 that bison meat processed and sold in Texas must 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 states can sell their products cheaper at wholesale due to mixing cheaper cuts of meat with processed bison or water buffalo products. New labeling criteria should help protect bison commerce in Texas. PURPOSE This legislation would require bison and water buffalo meat sold in Texas to be labeled "Bison" or "Water Buffalo" and not include the product of any other species. It would exempt bison or buffalo from property taxation under certain circumstances. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Chapter 151, Agriculture Code. Section 151.001. Defines "Bison", "Bison meat", "Buffalo", "Buffalo meat", "Restaurant", and "Retail Store". Specifies that the terms "bison" and "buffalo" do not include hybrids. Section 151.002. Spells out labeling requirements of bison and buffalo meat when sold at wholesale or at a retail store. Spells out sign and menu requirements at restaurants serving bison or buffalo meat. Prohibits using any other species of animal in meat labeled bison or buffalo meat. Section 151.003. Creates a Class C misdemeanor, punishable by a fine not to exceed $500, for first violations of Section 151.002, Agriculture Code, and a Class B misdemeanor, punishable by a fine not to exceed $2,000 and/or jail time not to exceed 180 days, for subsequent offenses. Specifies that the Texas Department of Health should enforce Section 151.002 and file criminal complaints against violators. SECTION 2. Amends Section 11.23(f), Tax Code, to exempt from property taxation bison used in experimental breeding to produce improved meat strains, kept in parks to preserve species, and not held for gain. SECTION 3. This legislation would be effective September 1, 1997, with the exception of Section 2 of this Act, which would take effect January 1, 1998. SECTION 4. Emergency clause.