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.