1-1 AN ACT
1-2 relating to labeling of bison and buffalo products and to the
1-3 exemption from ad valorem taxation of bison; providing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended
1-7 by adding Chapter 151 to read as follows:
1-8 CHAPTER 151. SALE OF BISON AND BUFFALO PRODUCTS
1-9 Sec. 151.001. DEFINITIONS. (a) In this chapter:
1-10 (1) "Bison" means:
1-11 (A) an animal known by the scientific name
1-12 Bovidae bison bison, commonly known as the North American prairie
1-13 bison; or
1-14 (B) an animal known by the scientific name
1-15 Bovidae bison athabascae, commonly known as the Canadian woods
1-16 bison.
1-17 (2) "Bison meat" means the meat or flesh of a bison.
1-18 (3) "Buffalo" means:
1-19 (A) an animal known by the scientific name
1-20 Bovidae bubalus bubalis, commonly known as the Asian Indian
1-21 buffalo, water buffalo, or caraboa;
1-22 (B) an animal known by the scientific name
1-23 Bovidae syncerus caffer, commonly known as the African buffalo or
1-24 Cape buffalo;
2-1 (C) an animal known by the scientific name
2-2 Bovidae anoa depressicornis, commonly known as the Celebes buffalo;
2-3 or
2-4 (D) an animal known by the scientific name
2-5 Bovidae anoa mindorenis, commonly known as the Philippine buffalo
2-6 or Mindoro buffalo.
2-7 (4) "Buffalo meat" means the meat or flesh of a
2-8 buffalo.
2-9 (5) "Restaurant" means a public eating place where
2-10 food is sold.
2-11 (6) "Retail store" means a retail food store as
2-12 defined under Section 437.001, Health and Safety Code, butcher
2-13 shop, delicatessen, or other place where fresh or cooked meat is
2-14 sold at retail for consumption off premises.
2-15 (b) For the purposes of:
2-16 (1) Subdivision (1), Subsection (a), the term "bison"
2-17 does not include a hybrid of an animal listed in that subdivision;
2-18 and
2-19 (2) Subdivision (3), Subsection (a), the term
2-20 "buffalo" does not include a hybrid of an animal listed in that
2-21 subdivision.
2-22 Sec. 151.002. LABELING OF BISON AND BUFFALO MEAT. (a) A
2-23 person may not knowingly sell at wholesale, at a retail store, or
2-24 in a restaurant any bison or buffalo meat except in compliance with
2-25 this section.
2-26 (b) The requirements of Subsections (c) and (d) apply only
2-27 to bison or buffalo meat offered for sale at wholesale or at a
3-1 retail store.
3-2 (c) A label or brand shall be placed on each quarter, half,
3-3 or whole carcass of bison or buffalo meat and on each individually
3-4 wrapped or packaged cut or other part of bison or buffalo meat.
3-5 (d) A label or sign shall be placed on each tray or case in
3-6 which unwrapped or unpackaged cuts or slices of bison or buffalo
3-7 meat are displayed for selection by a patron and on each tray or
3-8 other container in which bison or buffalo meat is displayed in
3-9 bulk.
3-10 (e) The label, brand, or sign must contain the words "bison
3-11 meat," "North American bison meat," or "Native American bison
3-12 meat," if the meat is bison meat. The label, brand, or sign must
3-13 contain the words "water buffalo meat" or "Asian buffalo meat" if
3-14 the meat is buffalo meat.
3-15 (f) The label or sign for bison or buffalo meat required by
3-16 Subsection (d) must be conspicuous and legible.
3-17 (g) A person may not label or represent a product that
3-18 contains the meat, fat, or by-product of a species of animal other
3-19 than bison or buffalo as being buffalo meat or bison meat.
3-20 Sec. 151.003. CRIMINAL PENALTY. (a) A person commits an
3-21 offense if the person knowingly violates Section 151.002(a).
3-22 (b) A first offense under this section is a Class C
3-23 misdemeanor. A subsequent offense under this section is a Class B
3-24 misdemeanor.
3-25 (c) The Texas Department of Health shall enforce Section
3-26 151.002 and shall file a criminal complaint against any person who
3-27 violates Section 151.002(a).
4-1 SECTION 2. Section 11.23(f), Tax Code, is amended to read as
4-2 follows:
4-3 (f) Bison, Buffalo, and Cattalo. A person is entitled to an
4-4 exemption from taxation of the bison, buffalo, and cattalo he owns
4-5 that are not held for gain and that are used in experimental
4-6 breeding with cattle for the purpose of producing an improved
4-7 strain of meat animal or kept in parks to preserve the species.
4-8 SECTION 3. This Act takes effect September 1, 1997, except
4-9 Section 2 of this Act takes effect January 1, 1998.
4-10 SECTION 4. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1145 was passed by the House on April
3, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1145 on May 21, 1997, by a non-record
vote; and that the House adopted H.C.R. No. 293 authorizing certain
corrections in H.B. No. 1145 on May 23, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1145 was passed by the Senate, with
amendments, on May 19, 1997, by the following vote: Yeas 31, Nays
0; and that the Senate adopted H.C.R. No. 293 authorizing certain
corrections in H.B. No. 1145 on June 1, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor