HBA-MPA H.B. 126 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 126 By: McClendon Civil Practice 3/29/1999 Introduced BACKGROUND AND PURPOSE Chapter 96 ,Civil Practice and Remedies Code, The False Disparagement of Perishable Food Products Act, allows producers of any product which is falsely disparaged by an individual to sue the person who has disseminated false information about the product and recover damages for their own loss of income. This statute gained prominence resulting from a suit brought by Panhandle cattlemen against television talk show host Oprah Winfrey. The objection has been raised that the law does not require the speech in question to be specific and allows plaintiffs to claim libel by implication, and it is believed that this law could affect public debate about food safety. H.B. 126 repeals Chapter 96, Civil Practice and Remedies Code. 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. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Chapter 96, Civil Practice and Remedies Code (False Disparagement of Perishable Food Products.) This chapter forbids any person from knowingly disseminating false information to the public on any perishable foodstuff which states or implies that the foodstuff is unsafe for consumption. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.