CHAPTER 433. TEXAS MEAT AND POULTRY INSPECTION ACT
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 433. TEXAS MEAT AND POULTRY INSPECTION ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 433.001. SHORT TITLE. This chapter may be cited as the
Texas Meat and Poultry Inspection Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.002. POLICY. (a) Meat and meat food products are an
important source of the nation's total food supply. It is
essential in the public interest that the health and welfare of
consumers be protected by assuring that meat and meat food
products distributed to them are wholesome, unadulterated, and
properly marked, labeled, and packaged. Unwholesome, adulterated,
or misbranded meat or meat food products:
(1) injure the public welfare;
(2) destroy markets for wholesome, unadulterated, and properly
labeled and packaged meat and meat food products;
(3) cause losses to livestock producers and processors of meat
and meat food products;
(4) cause injury to consumers; and
(5) can be sold at lower prices and compete unfairly with
wholesome, unadulterated, and properly labeled and packaged
articles, to the detriment of consumers and the public.
(b) Regulation by the commissioner and cooperation by this state
and the United States as provided by this chapter are appropriate
to protect the health and welfare of consumers and otherwise
accomplish the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.003. DEFINITIONS. In this chapter:
(1) "Animal food manufacturer" means a person in the business of
manufacturing or processing animal food any part of which is
derived from a carcass, or a part or product of a carcass, of
livestock.
(2) "Capable of use as human food" means:
(A) not naturally inedible by humans; or
(B) not denatured or otherwise identified as required by rule of
the commissioner to deter its use as human food.
(3) "Color additive" has the meaning given by the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).
(4) "Commissioner" means the commissioner of health.
(5) "Exotic animal" means a member of a species of game not
indigenous to this state, including an axis deer, nilga antelope,
red sheep, or other cloven-hooved ruminant animal.
(6) "Food additive" has the meaning given by the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).
(7) "Inedible animal product" means a product, other than a meat
food product, any part of which is made from a carcass, or a part
or product of a carcass, of livestock.
(8) "Interstate commerce" means commerce between this state and:
(A) another state of the United States; or
(B) a foreign country.
(9) "Label" means a display of written, printed, or other
graphic matter on the product or the immediate container, other
than a package liner, of an article.
(10) "Labeling" means:
(A) a label; or
(B) other written, printed, or graphic material on an article or
any container or wrapper of an article, or accompanying an
article.
(11) "Livestock" means cattle, bison, sheep, swine, goats,
horses, mules, other equines, poultry, domestic rabbits, exotic
animals, or domesticated game birds.
(12) "Meat broker" means a person in the business of buying or
selling, on commission, carcasses, parts of carcasses, meat, or
meat food products of livestock, or otherwise negotiating
purchases or sales of those articles other than for the person's
own account or as an employee of another person.
(13) "Meat food product" means a product that is capable of use
as human food and that is made in whole or part from meat or
other portion of the carcass of livestock, except a product that:
(A) contains meat or other portions of the carcass only in a
relatively small proportion or that historically has not been
considered by consumers as a product of the meat food industry;
and
(B) is exempted from the definition of meat food product by the
commissioner under conditions that the commissioner prescribes to
assure that the meat or other portions of the carcass contained
in the product are unadulterated and that the product is not
represented as a meat food product.
(14) "Official certificate" means a certificate prescribed by
rule of the commissioner for issuance by an inspector or other
person performing official functions under this chapter.
(15) "Official marking device" means a device prescribed or
authorized by the commissioner for use in applying an official
mark.
(16) "Official establishment" means an establishment designated
by the commissioner at which inspection of the slaughter of
livestock or the preparation of livestock products is maintained
under this chapter.
(17) "Official inspection legend" means a symbol prescribed by
rule of the commissioner showing that an article was inspected
and passed as provided by this chapter.
(18) "Official mark" means the official inspection legend or
other symbol prescribed by rule of the commissioner to identify
the status of an article or animal under this chapter.
(19) "Pesticide chemical" has the meaning given by the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).
(20) "Poultry" means a live or dead domesticated bird.
(21) "Poultry product" means a poultry carcass, part of a
poultry carcass, or a product any part of which is made from a
poultry carcass or part of a poultry carcass, except a product
that:
(A) contains poultry ingredients only in a relatively small
proportion or that historically has not been considered by
consumers as a product of the poultry food industry; and
(B) is exempted from the definition of poultry product by the
commissioner under conditions that the commissioner prescribes to
assure that the poultry ingredients in the product are
unadulterated and that the product is not represented as a
poultry product.
(22) "Prepared" means slaughtered, canned, salted, rendered,
boned, cut up, stuffed, or manufactured or processed in any other
manner.
(23) "Processing establishment" means a slaughtering, packing,
meat-canning, or rendering establishment or a similar
establishment.
(24) "Raw agricultural commodity" has the meaning given by the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et
seq.).
(25) "Renderer" means a person in the business of rendering
carcasses, or parts or products of carcasses, of livestock, other
than rendering conducted under inspection under Subchapter B.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 41, Sec. 2, eff. May 15,
2003.
Sec. 433.004. ADULTERATION. A carcass, part of a carcass, meat,
or a meat food product is adulterated if:
(1) it bears or contains a poisonous or deleterious substance
that may render it injurious to health unless:
(A) the substance is not an added substance; and
(B) the quantity of the substance in or on the article does not
ordinarily render it injurious to health;
(2) it bears or contains, because of administration of a
substance to a live animal or otherwise, an added poisonous or
deleterious substance that the commissioner believes makes the
article unfit for human food, other than a:
(A) pesticide chemical in or on a raw agricultural commodity;
(B) food additive; or
(C) color additive;
(3) any part of it is a raw agricultural commodity that bears or
contains a pesticide chemical that is unsafe under Section 408,
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 346a);
(4) it bears or contains a food additive that is unsafe under
Section 409, Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Section 348) or a color additive that is unsafe for purposes of
Section 706 of that Act (21 U.S.C. Section 376);
(5) it is not adulterated under Subdivision (3) or (4), but use
of the pesticide chemical, food additive, or color additive that
the article bears or contains is prohibited by rule of the
commissioner in establishments at which inspection is maintained
under Subchapter B;
(6) any part of it consists of a filthy, putrid, or decomposed
substance or is for another reason unsound, unhealthy,
unwholesome, or otherwise unfit for human food;
(7) it is prepared, packed, or held under unsanitary conditions
that may have caused it to become contaminated with filth or
rendered injurious to health;
(8) any part of it is the product of an animal, including an
exotic animal, that has died in a manner other than slaughter;
(9) any part of its container is composed of a poisonous or
deleterious substance that may render the contents injurious to
health;
(10) it is intentionally subjected to radiation, unless the use
of the radiation is in conformity with a regulation or exemption
under Section 409, Federal Food, Drug, and Cosmetic Act (21
U.S.C. Section 348);
(11) any part of a valuable constituent is omitted or abstracted
from it, or a substance is substituted for all or part of it;
(12) damage or inferiority is concealed;
(13) a substance has been added to or mixed or packed with it in
a manner that:
(A) increases its bulk or weight;
(B) reduces its quality or strength; or
(C) makes it appear better or of greater value than it is; or
(14) it is margarine containing animal fat and any part of the
raw material used in it consists of a filthy, putrid, or
decomposed substance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.005. MISBRANDING. (a) A livestock or poultry product
is misbranded if:
(1) any part of its labeling is false or misleading;
(2) it is offered for sale under the name of another food;
(3) it is an imitation of another food, unless its label bears,
in prominent type of uniform size, the word "imitation"
immediately followed by the name of the food imitated;
(4) its container is made, formed, or filled so as to be
misleading;
(5) except as provided by Subsection (b), it does not bear a
label showing:
(A) the manufacturer's, packer's, or distributor's name and
place of business; and
(B) an accurate statement of the quantity of the product by
weight, measure, or numerical count;
(6) a word, statement, or other information required by or under
the authority of this chapter to appear on the label or labeling
is not prominently placed on the label or labeling in sufficient
terms and with sufficient conspicuousness, compared with other
words, statements, designs, or devices in the label or labeling,
to make it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;
(7) it purports to be or is represented as a food for which a
definition and standard of identity or composition has been
prescribed by rule of the commissioner under Section 433.043
unless:
(A) it conforms to the definition and standard; or
(B) its label bears:
(i) the name of the food specified in the definition and
standard; and
(ii) to the extent required by rule of the commissioner, the
common names of optional ingredients present in the food, other
than spices, flavoring, and coloring;
(8) it purports to be or is represented as a food for which a
standard of fill of container has been prescribed by rule of the
commissioner under Section 433.043 and the food does not meet the
standard of fill of container, unless its label bears, in the
manner and form prescribed by rule of the commissioner, a
statement that it does not meet the standard;
(9) except as provided by Subsection (c), it does not purport to
be or is not represented as a food for which a standard of
identity or composition has been prescribed by rule of the
commissioner unless its label bears:
(A) any common or usual name of the food; and
(B) if it is fabricated from two or more ingredients, the common
or usual name of each ingredient;
(10) it purports to be or is represented for special dietary
uses and its label does not bear the information concerning its
vitamin, mineral, and other dietary properties that the
commissioner, after consultation with the United States Secretary
of Agriculture, has determined and prescribed by rule to be
necessary to fully inform purchasers of its value for those uses;
(11) it bears or contains artificial flavoring, artificial
coloring, or a chemical preservative unless it bears labeling
stating that fact, except as otherwise prescribed by rule of the
commissioner for situations in which compliance with this
subdivision is impracticable; or
(12) it does not bear on itself or its container, as prescribed
by rule of the commissioner:
(A) the inspection legend and establishment number of the
establishment in which the product was prepared; and
(B) notwithstanding any other provision of this section, other
information the commissioner by rule requires to assure that the
product will not have false or misleading labeling and that the
public will be informed of the manner of handling required to
keep the product in wholesome condition.
(b) The commissioner may adopt rules:
(1) exempting from Subsection (a)(5) livestock products not in
containers; and
(2) providing reasonable variations from Subsection (a)(5)(B)
and exempting from that subsection small packages of livestock
products or poultry products.
(c) For products subject to Subsection (a)(9), the commissioner
may authorize the designation of spices, flavorings, and
colorings without naming them. The commissioner may adopt rules
establishing exemptions from Subsection (a)(9)(B) to the extent
that compliance with that subsection is impracticable or would
result in deception or unfair competition.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.006. PERSONAL USE EXEMPTION. (a) The provisions of
this chapter requiring inspection of the slaughter of livestock
and the preparation of carcasses, parts of carcasses, meat, and
meat food products at establishments conducting those operations
do not apply to the slaughtering of livestock or the preparation
and transportation in intrastate commerce of those articles if:
(1) the articles are exclusively for personal use by the owner
of the livestock, a member of the owner's family, or a nonpaying
guest of the owner;
(2) the slaughter or preparation is conducted at the owner's
premises or at a processing establishment; and
(3) the transportation is limited to moving the carcasses, parts
of carcasses, meat, and meat food products to and from the
owner's premises and a processing establishment.
(b) The adulteration and misbranding provisions of this chapter,
other than the requirement of an inspection legend, apply to
articles prepared by a processing establishment under Subsection
(a).
(c) This section does not grant a personal use exemption to an
owner who intends to give carcasses, parts of carcasses, meat, or
meat food products to any person other than a person listed in
Subsection (a)(1).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 539, Sec. 1, eff. Sept. 1,
1997.
Sec. 433.007. CONSTRUCTION WITH OTHER LAW. (a) This chapter
prevails over any other law, including Chapter 431 (Texas Food,
Drug, and Cosmetic Act), to the extent of any conflict.
(b) This chapter applies to a person, establishment, animal, or
article regulated under the Federal Meat Inspection Act (21
U.S.C. Section 601 et seq.) or the Federal Poultry Products
Inspection Act (21 U.S.C. Section 451 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 539, Sec. 2, eff. Sept. 1,
1997.
Sec. 433.008. RULES. (a) The commissioner shall adopt rules
necessary for the efficient execution of this chapter.
(b) The commissioner shall adopt and use federal rules,
regulations, and procedures for meat and poultry inspection, as
applicable.
(c) The department may adopt rules requiring a processing
establishment that processes livestock under Section
433.006(a)(2) to obtain a grant of custom exemption for that
activity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 539, Sec. 3, eff. Sept. 1,
1997.
Sec. 433.009. FEES. The Texas Department of Health may collect
fees for overtime and special services rendered to
establishments, and may collect a fee for services required to be
performed under this chapter relating to the inspection of
animals, birds, or products that are not regulated under the
Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.) or
the Federal Poultry Products Inspection Act (21 U.S.C. Section
451 et seq.). The Texas Board of Health by rule shall set the
inspection fee in an amount sufficient to recover the
department's costs of providing those services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER B. INSPECTION AND OTHER REGULATION
Sec. 433.021. INSPECTION BEFORE SLAUGHTER. (a) To prevent the
use in intrastate commerce of adulterated meat and meat food
products, the commissioner, through livestock inspectors, shall
examine and inspect each livestock animal before it is allowed to
enter a processing establishment in this state in which
slaughtering and preparation of meat and meat food products of
livestock are conducted solely for intrastate commerce.
(b) Any livestock animal found on inspection to show symptoms of
disease shall be set apart and slaughtered separately from other
livestock. The carcass of the animal shall be carefully examined
and inspected as provided by rule of the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.022. INSPECTION OF CARCASSES. (a) To prevent the use
in intrastate commerce of adulterated meat and meat food
products, the commissioner, through livestock inspectors, shall
inspect each livestock carcass or part of a carcass capable of
use as human food that is to be prepared at a processing
establishment in this state in which those articles are prepared
solely for intrastate commerce. If a carcass or part of a carcass
is brought into the processing establishment, the inspection
shall be made before a carcass or part of a carcass is allowed to
enter a department in which it is to be treated and prepared for
meat food products. The commissioner shall also inspect products
that have left a processing establishment and are returned to a
processing establishment in which inspection is maintained.
(b) The inspector shall mark, stamp, tag, or label a carcass or
part of a carcass found on inspection to be unadulterated as
"inspected and passed," and one found adulterated as "inspected
and condemned."
(c) If an inspector considers a subsequent inspection necessary,
the inspector may reinspect any carcass or part of a carcass and
condemn it if it has become adulterated.
(d) The processing establishment, in the presence of an
inspector, shall destroy for food purposes each condemned carcass
or part of a carcass. If the establishment fails to destroy a
condemned carcass or part of a carcass, the commissioner may
remove the inspectors from the establishment.
(e) The commissioner may limit the entry of carcasses, parts of
carcasses, meat, or meat food products into an establishment in
which inspection under this chapter is maintained, under
conditions the commissioner prescribes to assure that entry of
the article into the establishment is consistent with the
purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.023. INVESTIGATION OF DISEASE FINDINGS; QUARANTINE.
(a) The commissioner may investigate a disease finding by a
livestock inspector if the commissioner determines that the
investigation is in the best interest of public health.
(b) If a disease adverse to the public health is found under
this chapter, the commissioner may quarantine the premises where
an animal is located that is afflicted with any stage of a
disease that may be transmitted to man or other animals. A
quarantined animal may be removed from a quarantined area only on
permission from and under supervision by the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.024. INSPECTION OF PROCESSING AND SLAUGHTERING
ESTABLISHMENTS. (a) The commissioner, through sanitation
experts and other competent inspectors, shall inspect each
processing establishment in which livestock is slaughtered and
meat and meat food products of the livestock are prepared solely
for intrastate commerce as necessary to obtain information about
the establishment's sanitary conditions.
(b) The commissioner, through sanitation experts and other
competent inspectors, shall inspect each slaughtering
establishment whose primary business is the selling of livestock
to be slaughtered by the purchaser on premises owned or operated
by the seller. This subsection does not nullify the provisions in
Section 433.006 of the Health and Safety Code relating to
personal use exemption.
(c) The commissioner shall adopt rules governing sanitation
maintenance in processing and slaughtering establishments as
defined by this section.
(d) If sanitary conditions of a processing establishment render
meat or meat food products adulterated, the commissioner shall
prohibit the meat or meat food products from being labeled,
marked, stamped, or tagged as "Texas inspected and passed."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 308, Sec. 2, eff. Sept. 1,
1993.
Sec. 433.0245. REQUIREMENTS FOR CERTAIN LOW-VOLUME LIVESTOCK
PROCESSING ESTABLISHMENTS. (a) Except as provided by this
section, the inspection and regulatory provisions of this chapter
do not apply to a low-volume livestock processing establishment
that is exempt from federal inspection.
(b) A low-volume livestock processing establishment that is
exempt from federal inspection shall register with the Texas
Department of Health in accordance with rules adopted by the
commissioner for registration.
(c) A low-volume livestock processing establishment that is
exempt from federal inspection shall develop a sanitary operation
procedures plan.
(d) If contaminated livestock can be reasonably traced to a
low-volume livestock processing establishment that is exempt from
federal inspection, the commissioner may request the attorney
general or the district or county attorney in the jurisdiction
where the facility is located 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.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 2, eff. Sept. 1,
2001.
Sec. 433.025. INSPECTION OF MEAT FOOD PRODUCTS. (a) To prevent
the use in intrastate commerce of adulterated meat food products,
the commissioner, through inspectors, shall examine and inspect
all meat food products prepared in a processing establishment
solely for intrastate commerce. To make the examination and
inspection, an inspector shall be given access at all times to
each part of the establishment, regardless of whether the
establishment is being operated.
(b) The inspector shall mark, stamp, tag, or label products
found unadulterated as "Texas inspected and passed" and those
found adulterated as "Texas inspected and condemned."
(c) The establishment shall, in the manner provided for
condemned livestock or carcasses, destroy for food purposes each
condemned meat food product. If the establishment does not
destroy a condemned meat food product, the commissioner may
remove inspectors from the establishment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.026. NIGHT INSPECTION; HOURS OF OPERATION. (a) The
commissioner shall provide for inspection at night of livestock
slaughtered at night and food products prepared at night for the
purposes of intrastate commerce.
(b) If the commissioner determines that a person's operating
hours are capricious or unnecessarily difficult, the commissioner
may set the person's time and duration of operation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.027. INSPECTORS. (a) The commissioner shall appoint
the inspectors of livestock that is subject to inspection under
this chapter, and of carcasses, parts of carcasses, meat, meat
food products, and sanitary conditions of establishments in which
meat and meat food products are prepared. An inspector is an
employee of the Texas Department of Health and is under
supervision of the chief officer in charge of inspection.
(b) The commissioner shall designate at least one state
inspector for each state representative district.
(c) The chief officer in charge of inspection is a person
designated by the commissioner as responsible for animal health
as it relates to public health. The chief officer in charge of
inspection must be licensed to practice veterinary medicine in
this state or must be eligible for such a license when employed
and must obtain the license not later than two years after the
date of employment. The chief officer in charge of inspection is
directly responsible to the commissioner.
(d) An inspector shall perform the duties provided by this
chapter and rules of the commissioner. An inspection or
examination must be performed as provided by rules of the
commissioner.
(e) An inspector may not stamp, mark, tag, or label a carcass,
part of a carcass, or a meat food product unless it has been
inspected and found unadulterated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.028. REFUSAL TO INSPECT. (a) The commissioner may
withdraw or refuse to provide inspection service under this
subchapter from an establishment for the period the commissioner
determines necessary to carry out the purposes of this chapter if
the commissioner determines after opportunity for hearing that
the applicant for or recipient of the service is unfit to engage
in a business requiring inspection under this subchapter because
the applicant or recipient, or a person responsibly connected
with the applicant or recipient, has been convicted in a federal
or state court of a felony or more than one violation of another
law based on:
(1) acquiring, handling, or distributing unwholesome,
mislabeled, or deceptively packaged food; or
(2) fraud in connection with a transaction in food.
(b) The commissioner's determination and order under this
section is final unless, not later than the 30th day after the
effective date of the order, the affected applicant or recipient
files an application for judicial review in the appropriate court
as provided by Section 433.082. Judicial review of the order is
on the record from which the determination and order was made.
(c) This section does not affect the provisions of this
subchapter relating to withdrawal of inspection services from
establishments failing to maintain sanitary conditions or to
destroy condemned carcasses, parts of carcasses, meat, or meat
food products.
(d) For the purposes of this section, a person is responsibly
connected with the business if the person is a partner, officer,
director, holder or owner of 10 percent or more of the business's
voting stock, or managerial or executive employee.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.029. ARTICLES NOT INTENDED FOR HUMAN CONSUMPTION. (a)
Under this subchapter, the commissioner may not inspect an
establishment for the slaughter of livestock or the preparation
of carcasses, parts of carcasses, or products of livestock if the
articles are not intended for use as human food. Before offered
for sale or transportation in intrastate commerce, those
articles, unless naturally inedible by humans, shall be denatured
or identified as provided by rule of the commissioner to deter
their use for human food.
(b) A person may not buy, sell, transport, offer for sale or
transportation, or receive for transportation in intrastate
commerce a carcass, part of a carcass, meat, or a meat food
product that is not intended for use as human food unless the
article is naturally inedible by humans, denatured, or identified
as required by rule of the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.030. DETENTION. (a) A representative of the
commissioner may detain a carcass, part of a carcass, meat, a
meat food product of livestock, a product exempted from the
definition of meat food product, or a dead, dying, disabled, or
diseased livestock animal if the representative finds the article
on premises where it is held for purposes of intrastate commerce,
or during or after distribution in intrastate commerce, and there
is reason to believe that the article:
(1) is adulterated or misbranded and is capable of use as human
food; or
(2) has not been inspected as required by, or has been or is
intended to be distributed in violation of:
(A) this subchapter;
(B) the Federal Meat Inspection Act (21 U.S.C. Section 601 et
seq.);
(C) the Federal Poultry Products Inspection Act (21 U.S.C.
Section 451 et seq.); or
(D) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
301 et seq.).
(b) An article may be detained for not more than 20 days and
only pending action under Section 433.031 or notification of a
federal authority having jurisdiction over the article.
(c) A person may not move a detained article from the place
where it is detained until the article is released by the
commissioner's representative.
(d) The commissioner's representative may require that each
official mark be removed from the article before it is released,
unless the commissioner determines that the article is eligible
to bear the official mark.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.031. SEIZURE. (a) A carcass, part of a carcass, meat,
or a meat food product of livestock, or a dead, dying, disabled,
or diseased livestock animal, that is being transported in
intrastate commerce or held for sale after transportation in
intrastate commerce may be proceeded against, seized, and
condemned if the article:
(1) is or has been prepared, sold, transported, or otherwise
distributed or offered or received for distribution in violation
of this chapter;
(2) is capable of use as human food and is adulterated or
misbranded; or
(3) is otherwise in violation of this chapter.
(b) An action against an article under this section must be on a
complaint in the proper court in the county in which the article
is found. To the extent possible, the law governing admiralty
cases applies to a case under this section, except that:
(1) either party may demand trial by jury of an issue of fact in
the case; and
(2) the proceedings must be brought by and in the name of this
state.
(c) After entry of the decree, a condemned article shall be
destroyed or sold as the court directs. If the article is sold,
the proceeds, minus court costs, court fees, and storage and
other proper expenses, shall be deposited in the state treasury.
An article may not be sold in violation of this chapter, the
Federal Meat Inspection Act (21 U.S.C. Section 601 et seq.), the
Federal Poultry Products Inspection Act (21 U.S.C. Section 451 et
seq.), or the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
Section 301 et seq.). On execution and delivery of a good and
sufficient bond conditioned that the article will not be disposed
of in violation of this chapter or federal law, the court may
direct the article to be delivered to its owner by the
commissioner's representative subject to supervision as necessary
to ensure compliance with applicable laws.
(d) If a decree of condemnation is entered against the article
and it is released under bond or destroyed, the court shall award
court costs, court fees, and storage and other proper expenses
against any person intervening as claimant of the article.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.032. STORAGE AND HANDLING. (a) The commissioner may
adopt rules prescribing conditions under which carcasses, parts
of carcasses, meat, and meat food products of livestock must be
stored and handled by a person in the business of buying,
selling, freezing, storing, or transporting those articles in or
for intrastate commerce if the commissioner considers the rules
necessary to prevent adulterated or misbranded articles from
being delivered to a consumer.
(b) A person may not violate a rule adopted under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.033. EQUINE PRODUCTS. A person may not sell,
transport, offer for sale or transportation, or receive for
transportation, in intrastate commerce, a carcass, part of a
carcass, meat, or a meat food product of a horse, mule, or other
equine unless the article is plainly and conspicuously marked or
labeled or otherwise identified, as required by rule of the
commissioner, to show the kind of animal from which the article
was derived. The commissioner may require an establishment at
which inspection is maintained under this chapter to prepare
those articles in an establishment separate from one in which
livestock other than equines is slaughtered or carcasses, parts
of carcasses, meat, or meat food products of livestock other than
equines are prepared.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.034. RECORDS. (a) A person engaged for intrastate
commerce in any of the following business activities shall keep
records of each of the person's business transactions:
(1) slaughtering livestock;
(2) preparing, freezing, packaging, or labeling a livestock
carcass or a part or product of a livestock carcass for use as
human food or animal food;
(3) transporting, storing, buying, or selling, as a meat broker,
wholesaler, or otherwise, a livestock carcass or a part or
product of a livestock carcass;
(4) rendering; or
(5) buying, selling, or transporting dead, dying, disabled, or
diseased livestock, or a part of a carcass of a livestock animal
that died in a manner other than slaughter.
(b) On notice by the commissioner's representative, a person
required to keep records shall at all reasonable times give the
commissioner's representative and any representative of the
United States Secretary of Agriculture accompanying the
commissioner's representative:
(1) access to the person's place of business; and
(2) an opportunity to:
(A) examine the facilities, inventory, and records;
(B) copy the records required by this section; and
(C) take a reasonable sample of the inventory, on payment of the
fair market value of the sample.
(c) The person shall maintain a record required by this section
for the period the commissioner by rule prescribes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.035. INSPECTION AND OTHER REGULATION OF EXOTIC ANIMALS
IN INTERSTATE COMMERCE. (a) The commissioner has the same
rights of examination, inspection, condemnation, and detention of
live exotic animals and carcasses, parts of carcasses, meat, and
meat food products of exotic animals slaughtered and prepared for
shipment in interstate commerce as the commissioner has with
respect to exotic animals slaughtered and prepared for shipment
in intrastate commerce.
(b) The commissioner has the same rights of inspection of
establishments handling exotic animals slaughtered and prepared
for shipment in interstate commerce as the commissioner has with
respect to establishments handling exotic animals slaughtered and
prepared for intrastate commerce.
(c) The record-keeping requirements of Section 433.034 that
apply to persons slaughtering, preparing, buying, selling,
transporting, storing, or rendering in intrastate commerce apply
to persons performing similar functions with exotic animals in
interstate commerce.
(d) A rulemaking power of the commissioner relating to animals
in intrastate commerce applies to exotic animals in interstate
commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. LABELING AND OTHER STANDARDS
Sec. 433.041. LABELING PASSED PRODUCTS. (a) When meat or a
meat food product prepared for intrastate commerce that has been
inspected as provided by this chapter and marked "Texas inspected
and passed" is placed or packed in a container or covering in an
establishment in which inspection is performed under this
chapter, the person preparing the product shall attach a label to
the container or covering stating that the contents have been
"Texas inspected and passed" under this chapter. The inspector
shall supervise the attachment of the label and the sealing or
enclosing of the meat or meat food product in the container or
covering.
(b) When an inspected carcass, part of a carcass, meat, or a
meat food product is found to be unadulterated and leaves the
establishment, it must bear legible information on itself or its
container, as the commissioner requires, that is necessary to
prevent it from being misbranded.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.042. SALE OF MISLABELED ARTICLES PROHIBITED. A person
may not sell an article subject to this chapter or offer the
article for sale, in intrastate commerce, under a false or
misleading name or other marking or in a container of a
misleading form or size. An established trade name, other marking
and labeling, or a container that is not false or misleading and
that is approved by the commissioner is permitted.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.043. STANDARDS OF LABELING, COMPOSITION, AND FILL. (a)
If the commissioner determines that standards are necessary to
protect the public, the commissioner may prescribe:
(1) the style and type size that must be used for material
required to be incorporated in labeling to avoid false or
misleading labeling of an article subject to this subchapter or
Subchapter B; and
(2) subject to Subsection (b), a definition or standard of
identity or composition or a standard of fill of container for an
article subject to this subchapter.
(b) A standard prescribed under Subsection (a)(2) must be
consistent with standards established under the Federal Meat
Inspection Act (21 U.S.C. Section 601 et seq.), the Federal
Poultry Products Inspection Act (21 U.S.C. Section 451 et seq.),
and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
301 et seq.). To avoid inconsistency, the commissioner shall
consult with the United States Secretary of Agriculture before
prescribing the standard.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.044. ORDER TO CEASE FALSE OR MISLEADING PRACTICE. (a)
If the commissioner has reason to believe that a marking or
labeling or the size or form of a container in use or proposed
for use in relation to an article subject to this subchapter is
false or misleading, the commissioner may prohibit the use until
the marking, labeling, or container is modified in the manner the
commissioner prescribes to prevent it from being false or
misleading.
(b) The person using or proposing to use the marking, labeling,
or container may request a hearing by the commissioner. The
commissioner may prohibit the use pending a final determination
by the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.045. PROTECTION OF OFFICIAL DEVICE, MARK, AND
CERTIFICATE. A person may not:
(1) cast, print, lithograph, or make in any other manner, except
as authorized by the commissioner:
(A) a device containing or label bearing an official mark or a
simulation of an official mark; or
(B) a form of official certificate or simulation of an official
certificate;
(2) forge an official device, mark, or certificate;
(3) without the commissioner's authorization, use, alter,
detach, deface, or destroy an official device, mark, or
certificate or use a simulation of an official device, mark, or
certificate;
(4) detach, deface, destroy, or fail to use an official device,
mark, or certificate, in violation of a rule of the commissioner;
(5) knowingly possess, without promptly notifying the
commissioner or the commissioner's representative:
(A) an official device;
(B) a counterfeit, simulated, forged, or improperly altered
official certificate; or
(C) a device, label, animal carcass, or part or product of an
animal carcass, bearing a counterfeit, simulated, forged, or
improperly altered official mark;
(6) knowingly make a false statement in a shipper's certificate
or other certificate provided for by rule of the commissioner; or
(7) knowingly represent that an article has been inspected and
passed, when it has not, or is exempted, when it is not.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER D. MISCELLANEOUS PROHIBITIONS
Sec. 433.051. SLAUGHTER OR PREPARATION NOT IN COMPLIANCE WITH
CHAPTER. A person, at an establishment preparing articles only
for intrastate commerce, may not slaughter a livestock animal or
prepare a carcass, part of a carcass, meat, or a meat food
product of a livestock animal, capable of use as human food,
except in compliance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.052. SALE, RECEIPT, OR TRANSPORTATION OF ARTICLES NOT
IN COMPLIANCE WITH CHAPTER. A person may not:
(1) sell, transport, offer for sale or transportation, or
receive for transportation, in intrastate commerce, livestock or
a carcass, part of a carcass, meat, or a meat food product of
livestock that is:
(A) capable of use as human food and is adulterated or
misbranded when sold, offered, transported, or received for
transportation; or
(B) required to be inspected by this chapter but has not been
inspected and passed; or
(2) perform an act with respect to livestock or a carcass, part
of a carcass, meat, or a meat food product of livestock, while
the article is being transported in intrastate commerce or held
for sale after transportation in intrastate commerce, that causes
or is intended to cause the article to be adulterated or
misbranded.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.053. SALE, RECEIPT, OR TRANSPORTATION OF POULTRY. A
person may not sell, transport, offer for sale or transportation,
or receive for transportation, in intrastate commerce or from an
official establishment, slaughtered poultry from which blood,
feathers, feet, head, or viscera have not been removed as
provided by rule of the commissioner, except as authorized by
rule of the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.054. DEAD, DYING, DISABLED, AND DISEASED ANIMALS;
ANIMALS DYING IN MANNER OTHER THAN SLAUGHTER. (a) If
registration is required by rule of the commissioner, a person
may not engage in any of the following businesses, in or for
intrastate commerce, unless the person has registered with the
commissioner:
(1) meat brokering or rendering;
(2) manufacturing animal food;
(3) wholesaling or warehousing for the public livestock or any
part of a carcass of livestock, regardless of whether it is
intended for human food; or
(4) buying, selling, or transporting dead, dying, disabled, or
diseased livestock or part of a carcass of livestock.
(b) A registration must include the person's name, each of the
person's places of business, and each trade name under which the
person does business.
(c) A person may not engage in the business of selling, buying,
or transporting in intrastate commerce dead, dying, disabled, or
diseased livestock or part of the carcass of livestock that died
otherwise than by slaughter unless the transaction or
transportation complies with rules adopted by the commissioner to
assure that the animals or unwholesome parts or products of the
animals are not used for human food.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.055. MISCELLANEOUS PROHIBITIONS APPLICABLE TO EXOTIC
ANIMALS IN INTERSTATE COMMERCE. The prohibitions of Sections
433.051-433.054 that apply to intrastate commerce also apply to
exotic animals in interstate commerce.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.056. INEDIBLE ANIMAL PRODUCTS. A person in the
business of buying, selling, or transporting, in intrastate
commerce, may not offer an inedible animal product for sale
unless:
(1) the sale is for further sterilization processing; or
(2) the product has been processed in a manner that prevents the
survival of disease-producing organisms or deleterious substances
in the processed material.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER E. COOPERATION WITH FEDERAL GOVERNMENT
Sec. 433.071. RESPONSIBLE AGENCY. (a) The Texas Department of
Health is the state agency responsible for cooperating with the
United States Secretary of Agriculture under Section 301, Federal
Meat Inspection Act (21 U.S.C. Section 661), and Section 5,
Federal Poultry Products Inspection Act (21 U.S.C. Section 454).
(b) The department shall cooperate with the secretary of
agriculture in developing and administering the meat and poultry
inspection program of this state under this chapter in a manner
that will achieve the purposes of this chapter and federal law
and that will ensure that the requirements will be at least equal
to those imposed under Titles I and IV, Federal Meat Inspection
Act (21 U.S.C. Sections 601 et seq. and 671 et seq.), and
Sections 1-4, 6-10, and 12-22, Federal Poultry Products
Inspection Act (21 U.S.C. Sections 451-453, 455-459, and
461-467b), not later than the dates prescribed by federal law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.072. ADVISORY COMMITTEES. The commissioner may
recommend to the United States Secretary of Agriculture state
officials or employees for appointment to advisory committees
provided for by Section 301, Federal Meat Inspection Act (21
U.S.C. Section 661), and Section 5, Federal Poultry Products
Inspection Act (21 U.S.C. Section 454). The commissioner shall
serve as the representative of the governor for consultation with
the secretary of agriculture under those Acts unless the governor
selects another representative.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.073. TECHNICAL AND LABORATORY ASSISTANCE AND TRAINING
PROGRAM. The commissioner may accept from the United States
Secretary of Agriculture:
(1) advisory assistance in planning and otherwise developing the
state program;
(2) technical and laboratory assistance;
(3) training, including necessary curricular and instructional
materials and equipment; and
(4) financial and other aid for administration of the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.074. FINANCING. The commissioner may spend state funds
appropriated for administration of this chapter to pay 50 percent
of the estimated total cost of cooperation with the federal
government under this subchapter, and all of the costs of
performing services in relation to the inspection of animals or
products not regulated under the Federal Meat Inspection Act (21
U.S.C. Section 601 et seq.) or the Federal Poultry Products
Inspection Act (21 U.S.C. Section 451 et seq.).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER F. ENFORCEMENT
Sec. 433.081. GENERAL CRIMINAL PENALTY. (a) A person commits
an offense if the person violates a provision of this chapter for
which this chapter does not provide another criminal penalty.
(b) Except as provided by Subsection (c), an offense under this
section is punishable by a fine of not more than $1,000,
imprisonment for not more than one year, or both.
(c) If an offense under this section involves intent to defraud
or a distribution or attempted distribution of an adulterated
article, except adulteration described by Section 433.004(11),
(12), or (13), the offense is punishable by a fine of not more
than $10,000, imprisonment for not more than three years, or
both.
(d) A person does not commit an offense under this section by
receiving for transportation an article in violation of this
chapter if the receipt is in good faith and if the person
furnishes, on request of a representative of the commission:
(1) the name and address of the person from whom the article is
received; and
(2) any document pertaining to the delivery of the article.
(e) This chapter does not require the commissioner to report for
prosecution, or for institution of complaint or injunction
proceedings, a minor violation of this chapter if the
commissioner believes that the public interest will be adequately
served by a suitable written warning notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.0815. INTERFERENCE WITH INSPECTION; CRIMINAL PENALTIES.
(a) A person commits an offense if the person with criminal
negligence interrupts, disrupts, impedes, or otherwise interferes
with a livestock inspector while the inspector is performing a
duty under this chapter.
(b) An offense under this section is a Class B misdemeanor.
(c) It is a defense to prosecution under this section that the
interruption, disruption, impediment, or interference alleged
consisted of speech only.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 1, eff. Sept. 1,
2001.
Sec. 433.082. JURISDICTION FOR VIOLATION. The district court
has jurisdiction of:
(1) an action to enforce and to prevent and restrain a violation
of this chapter; and
(2) any other case arising under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.083. INVESTIGATION BY COMMISSIONER. The commissioner
may investigate and gather and compile information concerning the
organization, business, conduct, practices, and management of a
person engaged in intrastate commerce and the person's relation
to other persons.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.084. EVIDENCE AND TESTIMONY. (a) For the purposes of
this chapter, the commissioner at all reasonable times shall be
given access to documentary evidence of a person being
investigated or proceeded against to examine or copy the
evidence. The commissioner by subpoena may require the attendance
and testimony of a witness and the production of documentary
evidence relating to a matter under investigation, at a
designated place of hearing in a county in which the witness
resides, is employed, or has a place of business.
(b) The commissioner may sign subpoenas, administer oaths and
affirmations, examine witnesses, and receive evidence. On
disobedience of a subpoena, the commissioner may request the
district court to require attendance and testimony of a witness
and the production of documentary evidence, and the district
court having jurisdiction over the inquiry may order the
compliance. Failure to obey the court's order is punishable as
contempt.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.085. REPORT TO COMMISSIONER. The commissioner, by
general or special order, may require a person engaged in
intrastate commerce to file with the commissioner an annual
report, special report, or both, or answers in writing to
specific questions furnishing the commissioner information that
the commissioner requires concerning the person's organization,
business, conduct, practices, management, and relation to other
persons filing written answers and reports. The commissioner may
prescribe the form of the report or answers, require the report
or answers to be given under oath, and prescribe a reasonable
deadline for filing the report or answers, subject to the
granting of additional time by the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.086. MANDAMUS TO COMPEL COMPLIANCE. On application of
the attorney general at the request of the commissioner, the
district court may issue a writ of mandamus ordering a person to
comply with this chapter or an order of the commissioner under
this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.087. DEPOSITIONS. (a) The commissioner may order
testimony to be taken before a person designated by the
commissioner and having power to administer oaths at any stage of
a proceeding or investigation under this chapter. A person may be
compelled to appear and depose or produce documentary evidence at
a deposition in the same manner as a witness may be compelled to
appear and testify and produce documentary evidence before the
commissioner under this chapter.
(b) The person taking the deposition shall transcribe or
supervise the transcription of the testimony. The transcript must
be signed by the person deposed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.088. COMPENSATION OF WITNESS OR REPORTER. A witness
summoned before the commissioner is entitled to the same fees and
mileage paid a witness in a state court. A witness whose
deposition is taken and the person taking the deposition are each
entitled to the same fees paid for similar services in a state
court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.089. IMMUNITY. (a) A person is not excused from
attending and testifying or producing documentary evidence before
the commissioner or in obedience to the commissioner's subpoena,
whether signed by the commissioner or the commissioner's
delegate, or in a cause or proceeding based on or growing out of
an alleged violation of this chapter, on the ground that the
required testimony or evidence may tend to incriminate the person
or subject the person to penalty or forfeiture.
(b) A person may not be prosecuted or subjected to a penalty or
forfeiture for or because of a transaction or matter concerning
which the person is compelled to testify or produce evidence
after having claimed a privilege against self-incrimination.
(c) The person testifying under this section is not exempt from
prosecution and punishment for perjury committed in that
testimony.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.090. CONTEMPT. (a) A person commits an offense if the
person neglects or refuses to attend and testify or answer a
lawful inquiry or to produce documentary evidence, if the person
has the power to do so, in obedience to a subpoena or lawful
requirement of the commissioner.
(b) An offense under this section is punishable by a fine of not
less than $1,000 or more than $5,000, imprisonment for not more
than one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.091. FALSE REPORT; FAILURE TO REPORT; CRIMINAL PENALTY.
(a) A person commits an offense if the person intentionally:
(1) makes or causes to be made a false entry in an account,
record, or memorandum kept by a person subject to this chapter;
(2) neglects or fails to make or cause to be made full entries
in an account, record, or memorandum kept by a person subject to
this chapter of all facts and transactions pertaining to the
person's business;
(3) removes from the jurisdiction of this state or mutilates,
alters, or otherwise falsifies documentary evidence of a person
subject to this chapter; or
(4) refuses to submit to the commissioner or to the
commissioner's authorized agent, for inspection and copying,
documentary evidence in the person's possession or control of a
person subject to this chapter.
(b) An offense under this section is punishable by a fine of not
less than $1,000 or more than $5,000, imprisonment for not more
than three years, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.092. FAILURE TO REPORT; CIVIL PENALTY. (a) If a
person required by this chapter to file an annual or special
report does not file the report before the deadline for filing
set by the commissioner and the failure continues for 30 days
after notice of the default, the person forfeits to the state
$100 for each day the failure continues.
(b) An amount due under this section is payable to the state
treasury and is recoverable in a civil suit in the name of the
state brought in the district court of the county in which the
person's principal office is located or in which the person does
business.
(c) Each district attorney, under the direction of the attorney
general, shall prosecute for the recovery of an amount due under
this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.093. UNLAWFUL DISCLOSURE; CRIMINAL PENALTY. (a) A
state officer or employee commits an offense if the officer or
employee makes public information obtained by the commissioner
without the approval of the commissioner.
(b) An offense under this section is a misdemeanor punishable by
a fine of not more than $5,000, imprisonment for not more than
one year, or both.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 433.094. ADMINISTRATIVE PENALTY. (a) The commissioner may
assess an administrative penalty against a person who violates
this chapter, a rule adopted by the board under the authority of
this chapter, or an order or license issued under this chapter.
(b) In determining the amount of the penalty, the commissioner
shall consider:
(1) the person's previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) the person's demonstrated good faith; and
(5) such other matters as justice may require.
(c) The penalty may not exceed $25,000 a day for each violation.
(d) Each day a violation continues may be considered a separate
violation.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1,
1991.
Sec. 433.095. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE. (a)
An administrative penalty may be assessed only after a person
charged with a violation is given an opportunity for a hearing.
(b) If a hearing is held, the commissioner shall make findings
of fact and shall issue a written decision regarding the
occurrence of the violation and the amount of the penalty that
may be warranted.
(c) If the person charged with the violation does not request a
hearing, the commissioner may assess a penalty after determining
that a violation has occurred and the amount of the penalty that
may be warranted.
(d) After making a determination under this section that a
penalty is to be assessed against a person, the commissioner
shall issue an order requiring that the person pay the penalty.
(e) The commissioner may consolidate a hearing held under this
section with another proceeding.
Added by Acts 1991, 72nd Leg., ch. 388, Sec. 1, eff. Sept. 1,
1991.
Sec. 433.096. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not later
than the 30th day after the date an order finding that a
violation has occurred is issued, the commissioner shall inform
the person against whom the order is issued of the amount of the
penalty for the violation.
(b) Not later than the 30th day after the date on which a
decision or order charging a person with a penalty is final, the
person shall:
(1) pay the penalty in full; or
(2) if the person seeks judicial review of the amount of the
penalty, the fact of the violation, or bot