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A BILL TO BE ENTITLED
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AN ACT
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relating to required notice regarding shrimp in restaurants and |
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certain prohibitions on purchasing and serving imported shrimp. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 436, Health and Safety Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. CERTAIN PROHIBITED USES OF IMPORTED SHRIMP |
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Sec. 436.151. DEFINITIONS. In this subchapter: |
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(1) "Imported shrimp" means shrimp imported from |
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outside of the United States. |
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(2) "School district" means any public school district |
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in this state. |
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(3) "State agency" has the meaning assigned by Section |
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2062.001, Government Code. |
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Sec. 436.152. PROHIBITED USE OF IMPORTED SHRIMP. (a) A |
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state agency or school district that provides food service may not: |
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(1) serve imported shrimp or food containing imported |
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shrimp; or |
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(2) enter into a contract with a person to provide food |
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service on behalf of the agency or district unless the contract |
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includes a provision prohibiting the person from serving imported |
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shrimp or food containing imported shrimp. |
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(b) Contract language that would circumvent the prohibition |
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imposed by this section or otherwise achieve the same or a |
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substantially similar effect as a provision prohibited by this |
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section is void and unenforceable as against public policy, and |
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fees may not be paid to any person under the contract. |
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Sec. 436.153. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.029 to read as follows: |
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Sec. 437.029. SHRIMP NOTICE IN RESTAURANTS. (a) In this |
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section: |
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(1) "Domestic wild shrimp" means brown |
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(Farfantepenaeus aztecus), white (Litopenaeus setiferus), or pink |
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(Panaeus duorarum) shrimp that is: |
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(A) wild caught and harvested from the waters of |
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the United States by a fishing vessel displaying a United States |
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flag; and |
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(B) processed in a facility located in the United |
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States. |
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(2) "Imported shrimp" means shrimp imported from |
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outside of the United States. |
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(b) This section does not apply to: |
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(1) food prepared, served, or sold in other food |
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service establishments, including: |
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(A) a grocery store; or |
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(B) a food service establishment in a grocery |
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store; or |
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(2) properly labeled shrimp in individual packaging or |
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used as an ingredient in food packaged and sold for consumption. |
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(c) A restaurant serving shrimp shall provide to its |
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customers notice of the shrimp's origin. The restaurant must: |
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(1) post the notice in a conspicuous place in an area |
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of the restaurant accessible to the customers; or |
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(2) place the notice on the restaurant's food menu. |
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(d) Notice described by Subsection (c)(1) must: |
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(1) be displayed on a sign that: |
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(A) has dimensions not smaller than 18 inches by |
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18 inches; |
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(B) is written in English; and |
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(C) is printed in a font size not smaller than one |
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inch; |
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(2) be posted: |
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(A) at the main entrance of the restaurant; |
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(B) in an open area clearly visible to a |
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customer; and |
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(C) not lower than 36 inches from the restaurant |
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floor to ensure visibility; and |
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(3) clearly indicate the use of any domestic wild or |
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imported shrimp in food items the restaurant prepares and serves. |
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(e) Notice described by Subsection (c)(2) must: |
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(1) be attached or printed directly next to the |
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corresponding food item; |
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(2) be printed in the same color, font, and font size |
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as the text used to list the food item containing shrimp; and |
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(3) clearly indicate: |
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(A) the use of domestic wild or imported shrimp; |
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or |
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(B) the state or country of origin of the shrimp. |
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(f) The department may coordinate with the Department of |
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Agriculture to permit a restaurant participating in the "Go Texan" |
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Partner Program under Chapter 46, Agriculture Code, to use the logo |
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of the "Go Texan" Partner Program in the restaurant's food menu when |
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serving domestic wild shrimp caught in the waters of this state and |
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processed in a facility located in this state. |
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(g) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 437.029, Health and Safety Code, and Subchapter J, Chapter |
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436, Health and Safety Code, as added by this Act. |
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SECTION 4. (a) Subchapter J, Chapter 436, Health and Safety |
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Code, as added by this Act, applies only to a contract entered into |
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on or after the effective date of this Act. A contract entered into |
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before the effective date of this Act is governed by the law in |
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effect on the date the contract was entered into, and the former law |
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is continued in effect for that purpose. |
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(b) Notwithstanding Section 436.152, Health and Safety |
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Code, as added by this Act: |
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(1) a school district is not required to comply with |
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that section before the 2025-2026 school year; and |
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(2) a state agency is not required to comply with that |
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section before March 1, 2026. |
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SECTION 5. Notwithstanding Section 437.029, Health and |
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Safety Code, as added by this Act, a restaurant is not required to |
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comply with that section before March 1, 2026. |
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SECTION 6. This Act takes effect September 1, 2025. |