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. 3-6 COMMITTEE AMENDMENT NO. 1 3-7 Amend C.S.S.B. 766 by adding the following appropriately 3-8 numbered SECTION and renumbering subsequent SECTIONS accordingly: 3-9 SECTION __. Subchapter B, Chapter 433, Health and Safety 3-10 Code, is amended by adding Section 433.0245 to read as follows: 3-11 Sec. 433.0245. REQUIREMENTS FOR CERTAIN LOW-VOLUME LIVESTOCK 3-12 PROCESSING ESTABLISHMENTS. (a) Except as provided by this section, 3-13 the inspection and regulatory provisions of this chapter do not 3-14 apply to a low-volume livestock processing establishment that is 3-15 exempt from federal inspection. 3-16 (b) A low-volume livestock processing establishment that is 3-17 exempt from federal inspection shall register with the department 3-18 in accordance with rules adopted by the commissioner for 3-19 registration. 3-20 (c) A low-volume livestock processing establishment that is 3-21 exempt from federal inspection shall develop a sanitary operation 3-22 procedures plan. 3-23 (d) If contaminated livestock can be reasonably traced to a 3-24 low-volume livestock processing establishment that is exempt from 3-25 federal inspection, the commissioner may request the attorney 3-26 general or the district or county attorney in the jurisdiction 4-1 where the facility is located to institute a civil suit to enjoin 4-2 the operation of the establishment until the commissioner 4-3 determines that the establishment has been sanitized and is 4-4 operating safely. 4-5 77R13798 JAT-D Uresti