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A BILL TO BE ENTITLED
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AN ACT
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relating to required labeling of and notice regarding imported |
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shrimp and certain prohibitions on purchasing and serving that |
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shrimp. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 436, Health and Safety |
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Code, is amended by adding Section 436.083 to read as follows: |
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Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this |
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section, a shrimp caught in the Gulf of Mexico outside of the |
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state-owned submerged lands described by Section 11.012, Natural |
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Resources Code, is considered imported from outside of this state. |
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(b) A person may not sell in this state shrimp imported from |
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outside of this state unless the shrimp's label includes a clear and |
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conspicuous notice stating the shrimp was imported from outside of |
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this state. |
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SECTION 2. 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 considered |
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imported from outside of this state under Section 436.083. |
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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 3. 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. IMPORTED SHRIMP NOTICE. (a) For purposes of |
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this section, a shrimp caught in the Gulf of Mexico outside of the |
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state-owned submerged lands described by Section 11.012, Natural |
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Resources Code, is considered imported from outside of this state. |
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(b) A food service establishment serving shrimp imported |
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from outside of this state shall provide to its customers notice of |
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the shrimp's importation. The establishment must: |
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(1) post the notice in a conspicuous place in an area |
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of the establishment accessible to the customers; or |
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(2) place the notice on the establishment's food menu. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 4. 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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Sections 436.083 and 437.029, Health and Safety Code, and |
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Subchapter J, Chapter 436, Health and Safety Code, as added by this |
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Act. |
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SECTION 5. (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 6. Notwithstanding Section 437.029, Health and |
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Safety Code, as added by this Act, a food service establishment is |
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not required to comply with that section before March 1, 2026. |
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SECTION 7. This Act takes effect September 1, 2025. |