Bill Text: TX HB2976 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 2976

Introduced

Bill Title: Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-18 - Filed [HB2976 Detail]

Download: Texas-2025-HB2976-Introduced.html

	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.