By:  Bonnen                                                       H.B. No. 3153



A BILL TO BE ENTITLED

AN ACT

relating to requiring certain restaurants to give notice of 
nutritional information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 13, Occupation Code, is amended by adding 
Chapter 2158 to read as follows:

CHAPTER 2158.  NUTRITIONAL VALUE INFORMATION PUBLICATION.

SUBCHAPTER A.  NOTIFICATION OF NUTRITIONAL VALUE INFORMATION
	SEC. 2158.001  DEFINITIONS.  In this subchapter:                        
		(1)  "Chain restaurant" means an establishment that 
operates 3 or more locations within the state of Texas which have 
the same name and a common ownership and that derives 75 percent or 
more of its gross revenue from the sale of food and beverages, not 
including alcoholic beverages, for on-premises consumption.  The 
term does not include a hotel or motel, except that a restaurant 
operated at a hotel or motel is included in the term.
	Sec. 2158.002.  NOTICE OF NUTRITIONAL VALUE.  (a)  Chain 
restaurants shall list the nutritional value of each food item 
listed for order on a menu in use at that restaurant.
	(b)  The listing shall:                                                 
		(1)  contain for each food item a listing of the total 
calories, including the amount of calories from fat, the amount of 
total fat grams, cholesterol milligrams, sodium milligrams, total 
carbohydrate grams, total dietary fiber grams, total sugar grams, 
and total protein grams for that food item.
		(2)  be printed in each copy of each menu inside each 
restaurant location; and
		(3)  be of a font size not less than 1 font size smaller 
than the smallest font used to list food items available from that 
restaurant.
	(c)  If a menu is not provided the nutritional value listing 
shall be placed in a location not less than 3 feet from any media 
used to list food items available at that restaurant.
	(d)  If any one menu item contains enough grams of fat to 
constitute over one-third of the total caloric count of that item, 
the words "Eating Fatty Foods May Lead to Obesity" must be printed 
in a conspicuous place on the nutritional value listing in a font 
size that is at least one font size greater than the largest font 
used to list the nutritional value information.
	SEC. 2158.003.  CRIMINAL PENALTIES.  (a)  A chain restaurant 
owner commits an offense if the person does not post nutritional 
value information as required by Sec. 2158.002.
	(b)  A chain restaurant owner or employee commits an offense 
if they knowingly serve a food item for which nutritional value 
information is not posted.
	(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 commitment.                                         
	SECTION 2.  This Act takes effect September 1, 2003.