1-1 By: Madla S.B. No. 766 1-2 (In the Senate - Filed February 19, 2001; February 20, 2001, 1-3 read first time and referred to Committee on Health and Human 1-4 Services; March 28, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 8, Nays 0; 1-6 March 28, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 766 By: Madla 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the processing and sale of meat and poultry products; 1-11 providing penalties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter F, Chapter 433, Health and Safety 1-14 Code, is amended by adding Sections 433.0815, 433.099, and 433.100 1-15 to read as follows: 1-16 Sec. 433.0815. INTERFERENCE WITH INSPECTION; CRIMINAL 1-17 PENALTIES. (a) A person commits an offense if the person with 1-18 criminal negligence interrupts, disrupts, impedes, or otherwise 1-19 interferes with a livestock inspector while the inspector is 1-20 performing a duty under this chapter. 1-21 (b) An offense under this section is a Class B misdemeanor. 1-22 (c) It is a defense to prosecution under this section that 1-23 the interruption, disruption, impediment, or interference alleged 1-24 consisted of speech only. 1-25 Sec. 433.099. INJUNCTION. (a) If it appears that a person 1-26 has violated or is violating this chapter or a rule adopted under 1-27 this chapter, the commissioner may request the attorney general or 1-28 the district attorney or county attorney in the jurisdiction where 1-29 the violation is alleged to have occurred, is occurring, or may 1-30 occur to institute a civil suit for: 1-31 (1) an order enjoining the violation; or 1-32 (2) a permanent or temporary injunction, a temporary 1-33 restraining order, or other appropriate remedy, if the commissioner 1-34 shows that the person has engaged in or is engaging in a violation. 1-35 (b) Venue for a suit brought under this section is in the 1-36 county in which the violation occurred or in Travis County. 1-37 (c) The commissioner or the attorney general may recover 1-38 reasonable expenses incurred in obtaining injunctive relief under 1-39 this section, including investigation and court costs, reasonable 1-40 attorney's fees, witness fees, and other expenses. The expenses 1-41 recovered by the commissioner under this section may be used for 1-42 the administration and enforcement of this chapter. The expenses 1-43 recovered by the attorney general may be used by the attorney 1-44 general for any purpose. 1-45 Sec. 433.100. EMERGENCY WITHDRAWAL OF MARK OR SUSPENSION OF 1-46 INSPECTION SERVICES. (a) The commissioner or the commissioner's 1-47 designee may immediately withhold the mark of inspection or suspend 1-48 or withdraw inspection services if: 1-49 (1) the commissioner or the commissioner's designee 1-50 determines that a violation of this chapter presents an imminent 1-51 threat to public health and safety; or 1-52 (2) a person affiliated with the processing 1-53 establishment impedes an inspection under this chapter. 1-54 (b) An affected person is entitled to a review of an action 1-55 of the commissioner or the commissioner's designee under Subsection 1-56 (a) in the same manner that a refusal or withdrawal of inspection 1-57 services may be reviewed under Section 433.028. 1-58 SECTION 2. (a) Sections 433.099 and 433.100, Health and 1-59 Safety Code, as added by this Act, apply only to a violation that 1-60 occurs on or after the effective date of this Act. A violation 1-61 that occurs before the effective date of this Act is governed by 1-62 the law in effect on the date the violation occurred, and the 1-63 former law is continued in effect for that purpose. 1-64 (b) This Act takes effect September 1, 2001. 2-1 * * * * *