BILL ANALYSIS

 

 

Senate Research Center

S.B. 1484

89R12588 MCF-D

By: Hinojosa, Adam

 

Water, Agriculture and Rural Affairs

 

3/11/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Aquaculture is essential to meeting the increasing demand for seafood and contributes significantly to the Texas economy. Over 85 percent of seafood consumed in the U.S. is imported, often from countries with different environmental and food safety standards. Texas leads in aquaculture production, particularly in shrimp, hybrid striped bass, red drum, and catfish. However, regulatory burdens and misleading seafood labeling create challenges for local farmers and consumers.

 

S.B. 1484 would promote fair competition for domestic producers and ensure transparency in seafood labeling. The bill requires proper labeling of catfish, helping consumers make informed choices while supporting Texas aquaculture.

 

As proposed, S.B. 1484 amends current law relating to the marketing and sale of catfish and similar fish by food service establishments and provides administrative and civil penalties.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 436, Health and Safety Code, by adding Subchapter J, as follows:

 

SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND

FISH SIMILAR TO CATFISH

 

Sec. 436.151. DEFINITIONS. Defines "catfish," "food service establishment," and "menu board."

 

Sec. 436.152.� REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS. (a) Authorizes a food service establishment that offers a food product for sale to represent and identify the product as catfish only if the product contains catfish and does not contain another fish similar to catfish.

 

(b)� Provides that a food service establishment that offers for sale a food product containing a fish similar to catfish that is not catfish is prohibited from representing the product as catfish and is required to 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) Authorizes the Department of State Health Services, or a public health district or county that under Chapter 437 (Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors) requires a food service establishment to obtain a permit, to impose an administrative penalty against a food service establishment that violates this subchapter or a rule adopted under this subchapter.

 

(b)� Authorizes the penalty for a violation to be in an amount not to exceed certain amounts.

 

(c)� Provides that each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

 

Sec. 436.154.� CIVIL PENALTY. (a) Provides that 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 certain amounts.

 

(b)� Provides that each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

 

(c)� Authorizes 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 to bring an action to recover a civil penalty under this section.

 

SECTION 2. Effective date: September 1, 2025.