89R12588 MCF-D     By: Cain H.B. No. 2976       A BILL TO BE ENTITLED   AN ACT   relating to the marketing and sale of catfish and similar fish by   food service establishments; providing administrative and civil   penalties.          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.  MARKETING AND SALE OF CATFISH AND   FISH SIMILAR TO CATFISH          Sec. 436.151.  DEFINITIONS. In this subchapter:                (1)  "Catfish" means any species of the scientific   family Ictaluridae. The term does not include any species of the   scientific genus Pangasius, family Clariidae or family Siluridae,   including Swai fish.                (2)  "Food service establishment" has the meaning   assigned by Section 437.001.                (3)  "Menu board" means a posted list or pictorial   display of food items offered for sale by a food service   establishment.          Sec. 436.152.  REQUIREMENTS FOR FOOD SERVICE   ESTABLISHMENTS. (a)  A food service establishment that offers a   food product for sale may represent and identify the product as   catfish only if the product contains catfish and does not contain   another fish similar to catfish.          (b)  A food service establishment that offers for sale a food   product containing a fish similar to catfish that is not catfish:                (1)  may not represent the product as catfish; and                (2)  shall conspicuously identify the type of fish   contained in the product in the description of the product on the   establishment's menu or menu board.          Sec. 436.153.  ADMINISTRATIVE PENALTY. (a)  The department,   or a public health district or county that under Chapter 437   requires a food service establishment to obtain a permit, may   impose an administrative penalty against a food service   establishment that violates this subchapter or a rule adopted under   this subchapter.          (b)  The penalty for a violation may be in an amount not to   exceed:                (1)  $250 for a food service establishment with gross   annual food sales of less than $50,000;                (2)  $500 for a food service establishment with gross   annual food sales of at least $50,000 but less than $145,000; and                (3)  $750 for a food service establishment with gross   annual food sales of at least $145,000.          (c)  Each day a violation continues or occurs is a separate   violation for purposes of imposing a penalty.          Sec. 436.154.  CIVIL PENALTY. (a)  A food service   establishment that violates this subchapter or a rule adopted under   this subchapter is liable to this state, or a public health district   or county that under Chapter 437 requires the food service   establishment to obtain a permit, for a civil penalty in an amount   not to exceed:                (1)  $250 for a food service establishment with gross   annual food sales of less than $50,000;                (2)  $500 for a food service establishment with gross   annual food sales of at least $50,000 but less than $145,000; and                (3)  $750 for a food service establishment with gross   annual food sales of at least $145,000.          (b)  Each day a violation continues or occurs is a separate   violation for purposes of imposing a penalty.          (c)  The attorney general, the district or county attorney   for the county, or the municipal attorney of the municipality in   which the violation is alleged to have occurred may bring an action   to recover a civil penalty under this section.          SECTION 2.  This Act takes effect September 1, 2025.