By:  Madla                                             S.B. No. 766
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the processing and sale of meat and poultry products;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter F, Chapter 433, Health and Safety
 1-6     Code, is amended by adding Sections 433.0815, 433.099, and 433.100
 1-7     to read as follows:
 1-8           Sec. 433.0815.  INTERFERENCE WITH INSPECTION; CRIMINAL
 1-9     PENALTIES.  (a)  A person commits an offense if the person with
1-10     criminal negligence interrupts, disrupts, impedes, or otherwise
1-11     interferes with a livestock inspector while the inspector is
1-12     performing a duty under this chapter.
1-13           (b)  An offense under this section is a Class B misdemeanor.
1-14           (c)  It is a defense to prosecution under this section that
1-15     the interruption, disruption, impediment, or interference alleged
1-16     consisted of speech only.
1-17           Sec. 433.099.  INJUNCTION.  (a)  If it appears that a person
1-18     has violated or is violating this chapter or a rule adopted under
1-19     this chapter, the commissioner may request the attorney general or
1-20     the district attorney or county attorney in the jurisdiction where
1-21     the violation is alleged to have occurred, is occurring, or may
1-22     occur to institute a civil suit for:
1-23                 (1)  an order enjoining the violation; or
1-24                 (2)  a permanent or temporary injunction, a temporary
1-25     restraining order, or other appropriate remedy, if the commissioner
 2-1     shows that the person has engaged in or is engaging in a violation.
 2-2           (b)  Venue for a suit brought under this section is in the
 2-3     county in which the violation occurred or in Travis County.
 2-4           (c)  The commissioner or the attorney general may recover
 2-5     reasonable expenses incurred in obtaining injunctive relief under
 2-6     this section, including investigation and court costs, reasonable
 2-7     attorney's fees, witness fees, and other expenses.  The expenses
 2-8     recovered by the commissioner under this section may be used for
 2-9     the administration and enforcement of this chapter.  The expenses
2-10     recovered by the attorney general may be used by the attorney
2-11     general for any purpose.
2-12           Sec. 433.100.  EMERGENCY WITHDRAWAL OF MARK OR SUSPENSION OF
2-13     INSPECTION SERVICES.  (a)  The commissioner or the commissioner's
2-14     designee may immediately withhold the mark of inspection or suspend
2-15     or withdraw inspection services if:
2-16                 (1)  the commissioner or the commissioner's designee
2-17     determines that a violation of this chapter presents an imminent
2-18     threat to public health and safety; or
2-19                 (2)  a person affiliated with the processing
2-20     establishment impedes an inspection under this chapter.
2-21           (b)  An affected person is entitled to a review of an action
2-22     of the commissioner or the commissioner's designee under Subsection
2-23     (a) in the same manner that a refusal or withdrawal of inspection
2-24     services may be reviewed under Section 433.028.
2-25           SECTION 2.  (a)  Sections 433.099 and 433.100, Health and
2-26     Safety Code, as added by this Act, apply only to a violation that
 3-1     occurs on or after the effective date of this Act.  A violation
 3-2     that occurs before the effective date of this Act is governed by
 3-3     the law in effect on the date the violation occurred, and the
 3-4     former law is continued in effect for that purpose.
 3-5           (b)  This Act takes effect September 1, 2001.