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89(R) HB 2343 - House Committee Report version - Bill Text
89R24242 KRM-D
By: Leo Wilson, Manuel, Lopez of Cameron,
H.B. No. 2343
Longoria, Hunter, et al.
Substitute the following for H.B. No. 2343:
By: Button
C.S.H.B. No. 2343
A BILL TO BE ENTITLED
AN ACT
relating to required notice regarding shrimp in restaurants and
certain prohibitions on purchasing and serving imported shrimp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 436, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. CERTAIN PROHIBITED USES OF IMPORTED SHRIMP
Sec. 436.151. DEFINITIONS. In this subchapter:
(1)
"Imported shrimp"
means shrimp imported from
outside of the United States.
(2)
"School district" means any public school district
in this state.
(3)
"State agency" has the meaning assigned by Section
2062.001, Government Code.
Sec.
436.152.
PROHIBITED USE OF IMPORTED SHRIMP. (a) A
state agency or school district that provides food service may not:
(1)
serve imported shrimp or food containing imported
shrimp; or
(2)
enter into a contract with a person to provide food
service on behalf of the agency or district unless the contract
includes a provision prohibiting the person from serving imported
shrimp or food containing imported shrimp.
(b)
Contract language that would circumvent the prohibition
imposed by this section or otherwise achieve the same or a
substantially similar effect as a provision prohibited by this
section is void and unenforceable as against public policy, and
fees may not be paid to any person under the contract.
Sec.
436.153.
RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Section 437.029 to read as follows:
Sec.
437.029.
SHRIMP NOTICE IN RESTAURANTS. (a) In this
section:
(1)
"Domestic wild shrimp" means brown
(Farfantepenaeus aztecus), white (Litopenaeus setiferus), or pink
(Panaeus duorarum) shrimp that is:
(A)
wild caught and harvested from the waters of
the United States by a fishing vessel displaying a United States
flag; and
(B)
processed in a facility located in the United
States.
(2)
"Imported shrimp" means shrimp imported from
outside of the United States.
(b) This section does not apply to:
(1)
food prepared, served, or sold in other food
service establishments, including:
(A) a grocery store; or
(B)
a food service establishment in a grocery
store; or
(2)
properly labeled shrimp in individual packaging or
used as an ingredient in food packaged and sold for consumption.
(c)
A restaurant serving shrimp shall provide to its
customers notice of the shrimp's origin.
The restaurant must:
(1)
post the notice in a conspicuous place in an area
of the restaurant accessible to the customers; or
(2) place the notice on the restaurant's food menu.
(d) Notice described by Subsection (c)(1) must:
(1) be displayed on a sign that:
(A)
has dimensions not smaller than 18 inches by
18 inches;
(B) is written in English; and
(C)
is printed in a font size not smaller than one
inch;
(2) be posted:
(A) at the main entrance of the restaurant;
(B)
in an open area clearly visible to a
customer; and
(C)
not lower than 36 inches from the restaurant
floor to ensure visibility; and
(3)
clearly indicate the use of any domestic wild or
imported shrimp in food items the restaurant prepares and serves.
(e) Notice described by Subsection (c)(2) must:
(1)
be attached or printed directly next to the
corresponding food item;
(2)
be printed in the same color, font, and font size
as the text used to list the food item containing shrimp; and
(3) clearly indicate:
(A)
the use of domestic wild or imported shrimp;
or
(B) the state or country of origin of the shrimp.
(f)
The department may coordinate with the Department of
Agriculture to permit a restaurant participating in the "Go Texan"
Partner Program under Chapter 46, Agriculture Code, to use the logo
of the "Go Texan" Partner Program in the restaurant's food menu when
serving domestic wild shrimp caught in the waters of this state and
processed in a facility located in this state.
(g)
The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 437.029, Health and Safety Code, and Subchapter J, Chapter
436, Health and Safety Code, as added by this Act.
SECTION 4. (a) Subchapter J, Chapter 436, Health and Safety
Code, as added by this Act, applies only to a contract entered into
on or after the effective date of this Act. A contract entered into
before the effective date of this Act is governed by the law in
effect on the date the contract was entered into, and the former law
is continued in effect for that purpose.
(b) Notwithstanding Section 436.152, Health and Safety
Code, as added by this Act:
(1) a school district is not required to comply with
that section before the 2025-2026 school year; and
(2) a state agency is not required to comply with that
section before March 1, 2026.
SECTION 5. 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 6. This Act takes effect September 1, 2025.