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. Subchapter B, Chapter 433, Health and Safety
2-26 Code, is amended by adding Section 433.0245 to read as follows:
3-1 Sec. 433.0245. REQUIREMENTS FOR CERTAIN LOW-VOLUME LIVESTOCK
3-2 PROCESSING ESTABLISHMENTS. (a) Except as provided by this
3-3 section, the inspection and regulatory provisions of this chapter
3-4 do not apply to a low-volume livestock processing establishment
3-5 that is exempt from federal inspection.
3-6 (b) A low-volume livestock processing establishment that is
3-7 exempt from federal inspection shall register with the Texas
3-8 Department of Health in accordance with rules adopted by the
3-9 commissioner for registration.
3-10 (c) A low-volume livestock processing establishment that is
3-11 exempt from federal inspection shall develop a sanitary operation
3-12 procedures plan.
3-13 (d) If contaminated livestock can be reasonably traced to a
3-14 low-volume livestock processing establishment that is exempt from
3-15 federal inspection, the commissioner may request the attorney
3-16 general or the district or county attorney in the jurisdiction
3-17 where the facility is located to institute a civil suit to enjoin
3-18 the operation of the establishment until the commissioner
3-19 determines that the establishment has been sanitized and is
3-20 operating safely.
3-21 SECTION 3. (a) Sections 433.099 and 433.100, Health and
3-22 Safety Code, as added by this Act, apply only to a violation that
3-23 occurs on or after the effective date of this Act. A violation
3-24 that occurs before the effective date of this Act is governed by
3-25 the law in effect on the date the violation occurred, and the
3-26 former law is continued in effect for that purpose.
4-1 (b) This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 766 passed the Senate on
April 5, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 24, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 766 passed the House, with
amendment, on May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor