HBA-DMH H.B. 2802 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2802
By: Uresti
Public Health
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Meat and Poultry Inspection Act requires the Texas Department of
Health (TDH) to regulate the processing and packaging of meat and poultry
products.  Large plants have inspectors  on site and withdrawing an
inspector effectively closes down a plant.  However, many smaller
establishments purchase inspected beef and then additionally process the
meat by grinding or packaging it.  The plants that perform the additional
processing are also regulated by TDH.  While TDH may immediately suspend
unsafe operations at continuously inspected plants by withdrawing the
inspector, there is no corresponding enforcement available for other types
of meat and poultry operations.  House Bill 2802 authorizes a civil suit to
be brought against a person who is currently violating or has violated the
Texas Meat and Poultry Inspection Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2802 amends the Health and Safety Code to authorize the
commissioner of health (commissioner) to request the attorney general or
the district attorney, county attorney, or municipal attorney to institute
a civil suit for an order enjoining the violation, injunctive relief, a
civil penalty,  or both injunctive relief and a civil penalty if it appears
that a person has violated or is violating The Texas Meat and Poultry
Inspection Act or a rule adopted under the Act.  

The bill specifies the circumstances that the court is required to consider
in determining the amount of a civil penalty and prohibits the civil
penalty from exceeding $10,000 a day for each violation.  The bill requires
a civil penalty recovered in a suit instituted by a local government to be
paid to the local government.  

The bill authorizes the commissioner or the attorney general to recover
reasonable expenses incurred in obtaining injunctive relief or a civil
penalty and specifies how the recovered expenses may be used.  

EFFECTIVE DATE

September 1, 2001.