88R5159 KKR-D
 
  By: Sherman, Sr. H.B. No. 1349
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the marketing and sale of catfish and similar fish by
  food service establishments; providing administrative and civil
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 436, Health and Safety Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J.  MARKETING AND SALE OF CATFISH AND
  FISH SIMILAR TO CATFISH
         Sec. 436.151.  DEFINITIONS. In this subchapter:
               (1)  "Catfish" means any species of the scientific
  family Ictaluridae. The term does not include any species of the
  scientific genus Pangasius, family Clariidae or family Siluridae,
  including Swai fish.
               (2)  "Food service establishment" has the meaning
  assigned by Section 437.001.
               (3)  "Menu board" means a posted list or pictorial
  display of food items offered for sale by a food service
  establishment.
         Sec. 436.152.  REQUIREMENTS FOR FOOD SERVICE
  ESTABLISHMENTS. (a)  A food service establishment that offers a
  food product for sale may represent and identify the product as
  catfish only if the product contains catfish and does not contain
  another fish similar to catfish.
         (b)  A food service establishment that offers for sale a food
  product containing a fish similar to catfish that is not catfish:
               (1)  may not represent the product as catfish; and
               (2)  shall conspicuously identify the type of fish
  contained in the product in the description of the product on the
  establishment's menu or menu board.
         Sec. 436.153.  ADMINISTRATIVE PENALTY. (a)  The department,
  or a public health district or county that under Chapter 437
  requires a food service establishment to obtain a permit, may
  impose an administrative penalty against a food service
  establishment that violates this subchapter or a rule adopted under
  this subchapter.
         (b)  The penalty for a violation may be in an amount not to
  exceed:
               (1)  $250 for a food service establishment with gross
  annual food sales of less than $50,000;
               (2)  $500 for a food service establishment with gross
  annual food sales of at least $50,000 but less than $145,000; and
               (3)  $750 for a food service establishment with gross
  annual food sales of at least $145,000.
         (c)  Each day a violation continues or occurs is a separate
  violation for purposes of imposing a penalty.
         Sec. 436.154.  CIVIL PENALTY. (a)  A food service
  establishment that violates this subchapter or a rule adopted under
  this subchapter is liable to this state, or a public health district
  or county that under Chapter 437 requires the food service
  establishment to obtain a permit, for a civil penalty in an amount
  not to exceed:
               (1)  $250 for a food service establishment with gross
  annual food sales of less than $50,000;
               (2)  $500 for a food service establishment with gross
  annual food sales of at least $50,000 but less than $145,000; and
               (3)  $750 for a food service establishment with gross
  annual food sales of at least $145,000.
         (b)  Each day a violation continues or occurs is a separate
  violation for purposes of imposing a penalty.
         (c)  The attorney general, the district or county attorney
  for the county, or the municipal attorney of the municipality in
  which the violation is alleged to have occurred may bring an action
  to recover a civil penalty under this section.
         SECTION 2.  This Act takes effect September 1, 2023.