HB2343 - Relating to required notice regarding shrimp in restaurants and certain prohibitions on purchasing and serving imported shrimp.

  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.