HBA-NRS S.B. 766 77(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 766 By: Madla Public Health 4/30/2001 Committee Report (Amended) 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 to suspend or withdraw inspection services if a violation presents an imminent threat to public health or safety or a person affiliated with the processing establishment 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. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 provides that inspection and regulatory provisions of the Texas Meat and Poultry Inspection Act do not apply to a low-volume livestock processing establishment (establishment) that is exempt from federal inspection. The bill requires an establishment that is exempt from federal inspection to register with the Department of Health in accordance with rules adopted by the commissioner of health (commissioner) for registration and to develop a sanitary operation procedures plan. If contaminated livestock can be reasonably traced to an establishment that is exempt from federal inspection, the bill authorizes the commissioner to request the attorney general or the appropriate district or county attorney to institute a civil suit to enjoin the operation of the establishment until the commissioner determines that the establishment has been sanitized and is operating safely.