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By: White of Tyler, et al. |
H.B. No. 1050 |
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(Senate Sponsor - Taylor of Collin) |
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(In the Senate - Received from the House April 27, 2015; |
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May 4, 2015, read first time and referred to Committee on State |
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Affairs; May 18, 2015, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 18, 2015, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of food donors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 76.004(a) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) A person or gleaner is not subject to civil or criminal |
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liability arising from the condition of apparently wholesome food |
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that the person or gleaner donates to a church, a not-for-profit |
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organization or a nonprofit organization for distribution to the |
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needy, if the food is apparently wholesome at the time of donation. |
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This subsection does not apply to an injury or death that results |
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from an act or omission of the donor constituting gross negligence, |
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recklessness, or intentional misconduct. |
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(c) A nonprofit organization is not subject to civil or |
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criminal liability arising from the condition of apparently |
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wholesome food that it distributes to the needy at no charge in |
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substantial compliance with applicable local, county, state, and |
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federal laws and rules regarding the storage and handling of food |
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for distribution to the public, if the food is apparently wholesome |
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at the time of distribution. This subsection does not apply to an |
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injury or death that results from an act or omission of the |
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organization constituting gross negligence, recklessness, or |
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intentional misconduct. |
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SECTION 2. The change in law made by this Act applies only |
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to the donation or distribution of food on or after the effective |
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date of this Act. The donation or distribution of food before the |
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effective date of this Act is governed by the law applicable to the |
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donation or distribution immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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