1-1 By: Turner of Coleman (Senate Sponsor - Fraser) H.B. No. 1145 1-2 (In the Senate - Received from the House April 4, 1997; 1-3 April 8, 1997, read first time and referred to Committee on Natural 1-4 Resources; May 9, 1997, reported favorably, as amended, by the 1-5 following vote: Yeas 9, Nays 0; May 9, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay 1-7 Amend H.B. No. 1145 as follows: 1-8 (1) Strike Section 151.002(e) and renumber the subsequent 1-9 sections appropriately. 1-10 (2) On page 2, line 16, strike "menu". 1-11 (3) On page 2, line 18, strike "menu". 1-12 (4) On page 2, line 21, strike "menu provision". 1-13 A BILL TO BE ENTITLED 1-14 AN ACT 1-15 relating to labeling of bison and buffalo products and to the 1-16 exemption from ad valorem taxation of bison; providing a criminal 1-17 penalty. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended 1-20 by adding Chapter 151 to read as follows: 1-21 CHAPTER 151. SALE OF BISON AND BUFFALO PRODUCTS 1-22 Sec. 151.001. DEFINITIONS. (a) In this chapter: 1-23 (1) "Bison" means: 1-24 (A) an animal known by the scientific name 1-25 Bovidae bison bison, commonly known as the North American prairie 1-26 bison; or 1-27 (B) an animal known by the scientific name 1-28 Bovidae bison athabascae, commonly known as the Canadian woods 1-29 bison. 1-30 (2) "Bison meat" means the meat or flesh of a bison. 1-31 (3) "Buffalo" means: 1-32 (A) an animal known by the scientific name 1-33 Bovidae bubalus bubalis, commonly known as the Asian Indian 1-34 buffalo, water buffalo, or caraboa; 1-35 (B) an animal known by the scientific name 1-36 Bovidae syncerus caffer, commonly known as the African buffalo or 1-37 Cape buffalo; 1-38 (C) an animal known by the scientific name 1-39 Bovidae anoa depressicornis, commonly known as the Celebes buffalo; 1-40 or 1-41 (D) an animal known by the scientific name 1-42 Bovidae anoa mindorenis, commonly known as the Philippine buffalo 1-43 or Mindoro buffalo. 1-44 (4) "Buffalo meat" means the meat or flesh of a 1-45 buffalo. 1-46 (5) "Restaurant" means a public eating place where 1-47 food is sold. 1-48 (6) "Retail store" means a retail food store as 1-49 defined under Section 437.001, Health and Safety Code, butcher 1-50 shop, delicatessen, or other place where fresh or cooked meat is 1-51 sold at retail for consumption off premises. 1-52 (b) For the purposes of: 1-53 (1) Subdivision (1), Subsection (a), the term "bison" 1-54 does not include a hybrid of an animal listed in that subdivision; 1-55 and 1-56 (2) Subdivision (3), Subsection (a), the term 1-57 "buffalo" does not include a hybrid of an animal listed in that 1-58 subdivision. 1-59 Sec. 151.002. LABELING OF BISON AND BUFFALO MEAT. (a) A 1-60 person may not knowingly sell at wholesale, at a retail store, or 1-61 in a restaurant any bison or buffalo meat except in compliance with 1-62 this section. 1-63 (b) The requirements of Subsections (c) and (d) apply only 1-64 to bison or buffalo meat offered for sale at wholesale or at a 2-1 retail store. 2-2 (c) A label or brand shall be placed on each quarter, half, 2-3 or whole carcass of bison or buffalo meat and on each individually 2-4 wrapped or packaged cut or other part of bison or buffalo meat. 2-5 (d) A label or sign shall be placed on each tray or case in 2-6 which unwrapped or unpackaged cuts or slices of bison or buffalo 2-7 meat are displayed for selection by a patron and on each tray or 2-8 other container in which bison or buffalo meat is displayed in 2-9 bulk. 2-10 (e) A restaurant shall inform its patrons of the identity of 2-11 the meat in each restaurant food that contains bison or buffalo 2-12 meat by: 2-13 (1) displaying a sign in the restaurant; or 2-14 (2) providing the patrons with menus. 2-15 (f) The label, brand, menu, or sign must contain the words 2-16 "bison meat," "North American bison meat," or "Native American 2-17 bison meat," if the meat is bison meat. The label, brand, menu, or 2-18 sign must contain the words "water buffalo meat" or "Asian buffalo 2-19 meat" if the meat is buffalo meat. 2-20 (g) The label, menu provision, or sign for bison or buffalo 2-21 meat required by Subsections (d) and (e) must be conspicuous and 2-22 legible. 2-23 (h) A person may not label or represent a product that 2-24 contains the meat, fat, or by-product of a species of animal other 2-25 than bison or buffalo as being buffalo meat or bison meat. 2-26 Sec. 151.003. CRIMINAL PENALTY. (a) A person commits an 2-27 offense if the person knowingly violates Section 151.002(a) or (e). 2-28 (b) A first offense under this section is a Class C 2-29 misdemeanor. A subsequent offense under this section is a Class B 2-30 misdemeanor. 2-31 (c) The Texas Department of Health shall enforce Section 2-32 151.002 and shall file a criminal complaint against any person who 2-33 violates Section 151.002(a) or (e). 2-34 SECTION 2. Section 11.23(f), Tax Code, is amended to read as 2-35 follows: 2-36 (f) Bison, Buffalo, and Cattalo. A person is entitled to an 2-37 exemption from taxation of the bison, buffalo, and cattalo he owns 2-38 that are not held for gain and that are used in experimental 2-39 breeding with cattle for the purpose of producing an improved 2-40 strain of meat animal or kept in parks to preserve the species. 2-41 SECTION 3. This Act takes effect September 1, 1997, except 2-42 Section 2 of this Act takes effect January 1, 1998. 2-43 SECTION 4. The importance of this legislation and the 2-44 crowded condition of the calendars in both houses create an 2-45 emergency and an imperative public necessity that the 2-46 constitutional rule requiring bills to be read on three several 2-47 days in each house be suspended, and this rule is hereby suspended. 2-48 * * * * *