By Uresti                                             H.B. No. 2802
         77R4561 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalties applicable for the violation of laws
 1-3     concerning the processing and sale of meat and poultry products.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter F, Chapter 433, Health and Safety Code,
 1-6     is amended by adding Section 433.099 to read as follows:
 1-7           Sec. 433.099.  CIVIL PENALTY; INJUNCTION. (a)  If it appears
 1-8     that a person has violated or is violating this chapter or a rule
 1-9     adopted under this chapter, the commissioner may request the
1-10     attorney general or the district attorney, county attorney, or
1-11     municipal attorney in the jurisdiction where the violation is
1-12     alleged to have occurred, is occurring, or may occur to institute a
1-13     civil suit for:
1-14                 (1)  an order enjoining the violation;
1-15                 (2)  a permanent or temporary injunction, a temporary
1-16     restraining order, or other appropriate remedy, if the commissioner
1-17     shows that the person has engaged in or is engaging in a violation;
1-18                 (3)  the assessment and recovery of a civil penalty; or
1-19                 (4)  both injunctive relief and a civil penalty.
1-20           (b)  A civil penalty may not exceed $10,000 a day for each
1-21     violation.  Each day the violation occurs constitutes a separate
1-22     violation for the purposes of the assessment of a civil penalty.
1-23           (c)  In determining the amount of the civil penalty, the
1-24     court hearing the matter shall consider:
 2-1                 (1)  the person's history of previous violations;
 2-2                 (2)  the seriousness of the violation;
 2-3                 (3)  the hazard to the health and safety of the public;
 2-4                 (4)  the demonstrated good faith of the person charged;
 2-5     and
 2-6                 (5)  any other matter as justice may require.
 2-7           (d)  Venue for a suit brought under this section is in the
 2-8     county in which the violation occurred or in Travis County.
 2-9           (e)  A civil penalty recovered in a suit instituted by a
2-10     local government under this chapter shall be paid to the local
2-11     government.
2-12           (f)  The commissioner or the attorney general may recover
2-13     reasonable expenses incurred in obtaining injunctive relief or a
2-14     civil penalty under this section, including investigation and court
2-15     costs, reasonable attorney's fees, witness fees, and other
2-16     expenses.  The expenses recovered by the commissioner under this
2-17     section may be used for the administration and enforcement of this
2-18     chapter.  The expenses recovered by the attorney general may be
2-19     used by the attorney general for any purpose.
2-20           SECTION 2. This Act takes effect September 1, 2001, and
2-21     applies only to a violation that occurs on or after that date.  A
2-22     violation that occurs before the effective date of this Act is
2-23     governed by the law in effect on the date the violation occurred,
2-24     and the former law is continued in effect for that purpose.