SRC-JEC S.B. 766 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 766
77R4561 JAT-DBy: Madla
Health & Human Services
3/8/2001
As Filed


DIGEST AND PURPOSE 

Current Texas law authorizes a variety of enforcement sanctions regarding
the processing and packaging of meat and poultry products.  However, it
does not provide for injunctive relief or civil penalties from a court in
the case of an imminent threat to the public's health or safety or an
inspector's personal safety.  As proposed, S.B. 766 authorizes the Texas
Department of Health to pursue injunctive relief and civil penalties
through a court. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 433F, Health and Safety Code, by adding Section
433.099, as follows: 

Sec. 433.099.  CIVIL PENALTY;  INJUNCTION.  (a)  Authorizes the
commissioner of health (commissioner), if it appears that a person is
violating or has violated this chapter or a rule under this chapter, to
request the attorney general or the district attorney, county attorney, or
municipal attorney in the jurisdiction where the violation is alleged to
have occurred, is occurring, or may occur to institute a civil suit for
certain purposes. 

(b)  Prohibits a civil penalty from exceeding $10,000 a day for each
violation.  Provides that each day the violation occurs constitutes a
separate violation for the purposes of assessment of a civil penalty. 

(c)  Requires the court, in determining the amount of the civil penalty, to
consider certain information. 

(d)  Provides that the venue for a suit brought under this section is in
the county in which the violation occurred or in Travis County. 

(e)  Requires a civil penalty recovered in a suit instituted by a local
government under this chapter to be paid to the local government. 

(f)  Authorizes the commissioner or attorney general to recover reasonable
expenses incurred in obtaining injunctive relief or a civil penalty under
this section, including court costs, attorney's fees, and other expenses.
Authorizes the expenses recovered by the commissioner under this section to
be used for the administration and enforcement of this chapter.  Authorizes
the attorney general to use recovered expenses for any purpose. 

SECTION 2.   Effective date: September 1, 2001.
   Makes application of this Act prospective.