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.
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