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A BILL TO BE ENTITLED
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AN ACT
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relating to the marketing and sale of catfish and similar fish by |
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food service establishments, food service suppliers, wholesalers, |
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distributors, and wholesale distributors; providing administrative |
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and civil penalties. |
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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. MARKETING AND SALE OF CATFISH AND FISH SIMILAR TO |
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CATFISH |
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Sec. 436.151. DEFINITIONS. In this subchapter: |
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(1) "Catfish" means any species of the scientific |
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family Ictaluridae that is caught or produced by the customary |
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technique of aquaculture and fishing in freshwater sources in the |
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United States or a territory of the United States. The term does |
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not include any species of the scientific genus Pangasius, family |
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Clariidae, or family Siluridae, including fish commonly known as |
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basa, tra, and swai. |
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(2) "Distributor" means a person who transports and |
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delivers seafood from a food service supplier or wholesaler to a |
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food service establishment. |
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(3) "Food service establishment" has the meaning |
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assigned by Section 437.001. |
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(4) "Food service supplier" means a person who |
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sources, processes, or packages seafood for commercial sale. The |
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term includes a wholesaler, manufacturer, and seafood broker. |
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(5) "Wholesale distributor" means a person who sells |
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seafood exclusively to another business, such as a distributor or a |
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food service establishment, without direct-to-consumer sales. |
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(6) "Wholesaler" means a person who purchases seafood |
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in bulk from a food service supplier and resells the food to a |
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distributor or food service establishment. |
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Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE |
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ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS, |
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AND WHOLESALE DISTRIBUTORS. (a) A food service establishment, |
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food service supplier, wholesaler, distributor, or wholesale |
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distributor that offers a food product for sale may represent and |
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identify the product as catfish only if the product contains |
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catfish and does not contain another fish similar to catfish. |
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(b) A food service establishment that offers for sale a food |
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product containing a fish similar to catfish that is not catfish may |
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not represent the product as catfish. |
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(c) A food service supplier, wholesaler, distributor, or |
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wholesale distributor that offers for sale a product containing a |
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fish similar to catfish that is not catfish: |
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(1) may not represent the product as catfish; and |
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(2) shall ensure the species and country of origin of |
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the fish contained in the product are conspicuously identified in |
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the description of the product on the product's packaging or |
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container. |
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Sec. 436.153. ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE. |
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(a) The department, a public health district, or a county that |
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under Chapter 431 or 437 requires a food service establishment, |
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food service supplier, wholesaler, distributor, or wholesale |
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distributor to hold a license or permit to operate in this state may |
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impose an administrative penalty against the license or permit |
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holder for a violation of this subchapter or a rule adopted under |
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this subchapter. |
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(b) The department, public health district, or county, as |
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applicable, shall determine the amount of the penalty imposed for |
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the violation based on the seriousness of the conduct. |
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(c) Each day a violation continues or occurs is a separate |
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violation for purposes of imposing an administrative penalty under |
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this section. |
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(d) It is an affirmative defense to the imposition of an |
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administrative penalty under this section that a food service |
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establishment demonstrates the establishment in good faith |
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believed the fish the establishment purchased and offered for sale |
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was catfish. |
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Sec. 436.154. CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) A |
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food service establishment, food service supplier, wholesaler, |
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distributor, or wholesale distributor that violates this |
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subchapter or a rule adopted under this subchapter is liable for a |
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civil penalty to this state, a public health district, or a county |
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that under Chapter 431 or 437 requires a license or permit to |
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operate in this state. |
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(b) The court shall determine the amount of the penalty to |
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be imposed based on the seriousness of the conduct. |
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(c) Each day a violation continues or occurs is a separate |
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violation for purposes of imposing a civil penalty under this |
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section. |
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(d) The attorney general, the district or county attorney |
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for the county, or the municipal attorney of the municipality in |
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which the violation is alleged to have occurred may bring an action |
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to recover a civil penalty under this section. |
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(e) It is an affirmative defense to liability in a civil |
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action under this section that a food service establishment |
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demonstrates the establishment in good faith believed the fish the |
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establishment purchased and offered for sale was catfish. |
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Sec. 436.155. REMEDIES NOT CUMULATIVE. A person may be |
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subject to either an administrative penalty under Section 436.153 |
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or a civil penalty under Section 436.154 for a violation of this |
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subchapter arising from the same conduct, but not both. |
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SECTION 2. This Act takes effect September 1, 2025. |