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89(R) HB 1958 - House Committee Report version - Bill Text
89R28059 TYPED
By: Lopez of Cameron, Hunter, Villalobos,
H.B. No. 1958
Virdell
Substitute the following for H.B. No. 1958:
By: Button
C.S.H.B. No. 1958
A BILL TO BE ENTITLED
AN ACT
relating to labeling and representation of imported shrimp by
restaurants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.029 to read as follows:
Sec.
437.029.
IMPORTED SHRIMP LABELING AND REPRESENTATION.
(a) For purposes of this section, a shrimp is considered to be
imported if the shrimp does not satisfy the United States country of
origin requirements for wild or farm-raised shellfish established
by 7 C.F.R. Section 60.128, or successor regulations.
(b)
A restaurant shall not label or represent imported
shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or
"Gulf shrimp."
(c)
A restaurant shall not label or represent farm-raised
shrimp as "wild-caught shrimp."
(d)
The department, a public health district, a county, or a
municipality that under Chapter 431 or 437 requires a restaurant to
hold a license or permit to operate in this state shall impose an
administrative penalty against the restaurant for a violation of
this section or a rule adopted under this section.
(e)
It is an affirmative defense to the imposition of an
administrative penalty under this chapter for a violation of this
section that the restaurant believed in good faith the shrimp was
not imported or farm raised.
(f)
This section does not create a private cause of action
or change any common law or statutory duty.
(g)
This section does not apply to foods served or prepared
in similar retail food establishments, such as grocery stores or
other food enterprises located within grocery stores, or properly
labeled shrimp packaged by itself or as an ingredient in another
packaged food product that is sold packaged.
SECTION 2. Notwithstanding Section 437.029, Health and
Safety Code, as added by this Act, a restaurant is not required to
comply with that section before March 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.