Imported Shrimp Bill Labels Gulf-Caught Shrimp Imported

The text as introduced · 671 words

89R2923 KKR-D

By: Leo Wilson
H.B. No. 2343

A BILL TO BE ENTITLED

AN ACT

relating to required labeling of and notice regarding imported

shrimp and certain prohibitions on purchasing and serving that

shrimp.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 436, Health and Safety

Code, is amended by adding Section 436.083 to read as follows:

Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this

section, a shrimp caught in the Gulf of Mexico outside of the

state-owned submerged lands described by Section 11.012, Natural

Resources Code, is considered imported from outside of this state.

(b) A person may not sell in this state shrimp imported from

outside of this state unless the shrimp's label includes a clear and

conspicuous notice stating the shrimp was imported from outside of

this state.

SECTION 2. 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 considered

imported from outside of this state under Section 436.083.

(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 3. Chapter 437, Health and Safety Code, is amended

by adding Section 437.029 to read as follows:

Sec. 437.029. IMPORTED SHRIMP NOTICE. (a) For purposes of

this section, a shrimp caught in the Gulf of Mexico outside of the

state-owned submerged lands described by Section 11.012, Natural

Resources Code, is considered imported from outside of this state.

(b) A food service establishment serving shrimp imported

from outside of this state shall provide to its customers notice of

the shrimp's importation. The establishment must:

(1) post the notice in a conspicuous place in an area

of the establishment accessible to the customers; or

(2) place the notice on the establishment's food menu.

(c) The executive commissioner shall adopt rules necessary

to implement this section.

SECTION 4. 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

Sections 436.083 and 437.029, Health and Safety Code, and

Subchapter J, Chapter 436, Health and Safety Code, as added by this

Act.

SECTION 5. (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 6. Notwithstanding Section 437.029, Health and

Safety Code, as added by this Act, a food service establishment is

not required to comply with that section before March 1, 2026.

SECTION 7. This Act takes effect September 1, 2025.