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.