By Turner of Coleman                            H.B. No. 1145

      75R4317 MWV-D                           

                                A BILL TO BE ENTITLED

 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)  A restaurant shall inform its patrons of the identity of

3-11     the meat in each restaurant food that contains bison or buffalo

3-12     meat by:

3-13                 (1)  displaying a sign in the restaurant; or

3-14                 (2)  providing the patrons with menus.

3-15           (f)  The label, brand, menu, or sign must contain the words

3-16     "bison meat," "North American bison meat," or "Native American

3-17     bison meat," if the meat is bison meat.  The label, brand, menu, or

3-18     sign must contain the words "water buffalo meat" or "Asian buffalo

3-19     meat" if the meat is buffalo meat.

3-20           (g)  The label, menu provision, or sign for bison or buffalo

3-21     meat required by Subsections (d) and (e) must be conspicuous and

3-22     legible.

3-23           (h)  A person may not label or represent a product that

3-24     contains the meat, fat, or by-product of a species of animal other

3-25     than bison or buffalo as being buffalo meat or bison meat.

3-26           Sec. 151.003.  CRIMINAL PENALTY.  (a)  A person commits an

3-27     offense if the person knowingly violates Section 151.002(a) or (e).

 4-1           (b)  A first offense under this section is a Class C

 4-2     misdemeanor.  A subsequent offense under this section is a Class B

 4-3     misdemeanor.

 4-4           (c)  The Texas Department of Health shall enforce Section

 4-5     151.002 and shall file a criminal complaint against any person who

 4-6     violates Section 151.002(a) or (e).

 4-7           SECTION 2.  Section 11.23(f), Tax Code, is amended to read as

 4-8     follows:

 4-9           (f)  Bison, Buffalo, and Cattalo.  A person is entitled to an

4-10     exemption from taxation of the bison, buffalo, and cattalo he owns

4-11     that are not held for gain and that are used in experimental

4-12     breeding with cattle for the purpose of producing an improved

4-13     strain of meat animal or kept in parks to preserve the species.

4-14           SECTION 3.  This Act takes effect September 1, 1997, except

4-15     Section 2 of this Act takes effect January 1, 1998.

4-16           SECTION 4.  The importance of this legislation and the

4-17     crowded condition of the calendars in both houses create an

4-18     emergency and an imperative public necessity that the

4-19     constitutional rule requiring bills to be read on three several

4-20     days in each house be suspended, and this rule is hereby suspended.