78R13162 YDB-D
By: Bonnen H.B. No. 3153
Substitute the following for H.B. No. 3153:
By: Truitt C.S.H.B. No. 3153
A BILL TO BE ENTITLED
AN ACT
relating to notice of nutritional information by a chain
restaurant; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 442 to read as follows:
CHAPTER 442. NUTRITIONAL VALUE INFORMATION
Sec. 442.001. DEFINITION. In this chapter, "chain
restaurant" means an establishment operating at eight or more
locations in this state with the same name and under common
ownership that derives 75 percent or more of the establishment's
gross revenue from the sale of food and beverages, not including
alcoholic beverages, for on-premises consumption.
Sec. 442.002. APPLICABILITY. This chapter does not apply
to a hotel or motel, except that this chapter applies to a chain
restaurant at a hotel or motel.
Sec. 442.003. PAMPHLET OF NUTRITIONAL VALUE. (a) A chain
restaurant shall prepare a pamphlet containing a statement of
nutritional value for each food item listed on a menu of the
restaurant. The pamphlet may list the nutritional value for a
complete meal or may separately list each food item and any
associated food product, such as a topping.
(b) The pamphlet must:
(1) contain for each meal or food item:
(A) total calories;
(B) calories from fat;
(C) total fat grams;
(D) milligrams of cholesterol;
(E) milligrams of sodium;
(F) total grams of carbohydrates;
(G) total grams of dietary fiber;
(H) total grams of sugar; and
(I) total grams of protein;
(2) be available to each customer at each restaurant
location;
(3) be printed in a font size not more than one font
size smaller than the smallest font size used to list the food
items; and
(4) be laminated or published in another similar
durable form.
(c) The pamphlet of nutritional value must contain the
following statement at the bottom of each page of the pamphlet that
contains the nutritional value of a meal or food item for which
one-third or more of the total calories are attributable to fat:
"EATING FATTY FOODS MAY LEAD TO OBESITY."
(d) The statement required by Subsection (c) must be in a
conspicuous place and be printed in a font size at least one font
size larger than the statement of nutritional value.
(e) A chain restaurant shall have a number of pamphlets
equal to one-third of the number of seats available for customers at
the restaurant. Before taking a customer's order, a person
employed by the restaurant shall inform each customer about the
pamphlet.
(f) A chain restaurant that does not seat customers must
have at least one pamphlet available to customers on request.
(g) A chain restaurant offering drive-through service
shall:
(1) list on the drive-through menu board the calories
for each food item or meal; and
(2) print at the bottom of the menu board in a font
size at least one font size larger than the font size used to list
the food items: "PAMPHLET OF NUTRITIONAL VALUE AVAILABLE ON
REQUEST."
Sec. 442.004. CRIMINAL PENALTY. (a) The owner or operator
of a chain restaurant commits an offense if the person violates
Section 442.003.
(b) An owner or operator of a chain restaurant commits an
offense if the person knowingly serves a food item for which a
pamphlet of nutritional value is not made available in accordance
with this chapter.
(c) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not less than $25 or more than $100;
(2) confinement in jail for a term not to exceed 30
days; or
(3) both fine and confinement.
SECTION 2. This Act takes effect September 1, 2003.