HBA-NRS S.B. 766 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 766
By: Madla
Public Health
4/23/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law authorizes a variety of enforcement sanctions regarding the
processing and packaging of meat and poultry products. However, current law
does not provide for injunctive relief from a court of law in the case of
an imminent threat to the public's health or safety or an inspector's
personal safety. Senate Bill 766 authorizes the commissioner of health to
pursue injunctive relief in a case involving a violation of the Texas Meat
and Poultry Inspection Act and provides for criminal penalties for
interference with an inspection. 

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

Senate Bill 766 amends the Health and Safety Code to provide that a person
commits a Class B misdemeanor if the person with criminal negligence
interrupts, disrupts, impedes, or otherwise interferes with a livestock
inspector while the inspector is performing a duty under the Texas Meat and
Poultry Inspection Act (Act). The bill provides that it is a defense to
prosecution that such interference alleged consisted of speech only. 

 If it appears that a person has violated or is violating the Act or a rule
adopted under the Act, the bill authorizes the commissioner of health
(commissioner) to request the attorney general or the appropriate district
attorney or county attorney to institute a civil suit for an order
enjoining the violation or if the commissioner shows that the person has
engaged in or is engaging in a violation a permanent or temporary
injunction, a temporary restraining order, or other appropriate remedy. The
bill authorizes the commissioner or the attorney general to recover
reasonable expenses.  

The bill authorizes the commissioner or the commissioner's designee to
immediately withhold the mark of inspection or suspend or withdraw
inspection services if a violation presents an imminent  threat to public
health or safety or a person affiliated with the processing established
impedes an inspection. The bill entitles an affected person to a review of
an action involving such a refusal or withdrawal of inspection services. 

EFFECTIVE DATE

September 1, 2001.