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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. Section 76.004, Civil Practice and Remedies |
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Code, is amended by adding Subsection (6) and (7) to read as |
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follows: |
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(6) "Canned food" means any food commercially |
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processed and prepared for human consumption. |
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(7) "Perishable food" means any food which may spoil |
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or otherwise become unfit for human consumption because of its |
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nature, type, or physical condition. It includes, but is not |
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limited to, fresh and processed meats, poultry, seafood, dairy |
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products, bakery products, eggs, fresh fruits, and vegetables and |
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foods which have been packaged, refrigerated, or frozen. |
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SECTION 2. Sections 76.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 76.003. APPARENTLY WHOLESOME FOOD. For the purposes |
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of this chapter, canned food, perishable food, or any other type of |
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food is apparently wholesome if the food meets all quality |
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standards of local, county, state, and federal agricultural and |
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health laws and rules, even though the food is not readily |
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marketable due to appearance, age, freshness, grade, size, surplus, |
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or other condition. Canned goods food that are is leaking, swollen, |
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dented on a seam, or no longer airtight are is not apparently |
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wholesome food. |
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SECTION 3. 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 4. 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, 2017. |