89th Legislature Regular Session

SB 1484

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 1484 proposes to regulate the labeling and marketing of catfish and similar fish within the food supply chain in Texas. Specifically, the bill adds Subchapter J to Chapter 436 of the Texas Health and Safety Code to create standards that prevent the misrepresentation of fish species served or sold by food service establishments, suppliers, wholesalers, distributors, and wholesale distributors. The bill stems from concerns about consumer deception and economic disadvantages faced by domestic catfish producers when imported fish—such as basa, tra, and swai—are inaccurately labeled as catfish.

Under SB 1484, “catfish” is strictly defined to include only those fish belonging to the Ictaluridae family caught or raised in U.S. freshwater sources. Importantly, it excludes fish from the Pangasius, Clariidae, or Siluridae families, which are typically imported and sold under misleading labels. The bill mandates that any food product labeled or advertised as “catfish” must strictly meet this definition. If a product contains other similar fish species, the establishment must disclose this clearly and accurately on menus or labeling.

Violations of the act will be subject to administrative and civil penalties, although the bill does not establish criminal sanctions. The legislation aims to ensure truth-in-labeling, protect Texas consumers from deceptive practices, and promote fair competition in the food marketplace by requiring all players in the distribution and sales process to adhere to the same standards.

The originally filed version of SB 1484 and the Committee Substitute version differ primarily in scope, definitions, and regulatory reach.

In the originally filed bill, SB 1484 focused exclusively on food service establishments, defining requirements for labeling catfish and fish similar to catfish on menus and menu boards. It defined "catfish" more broadly as any species of the family Ictaluridae while excluding Pangasius, Clariidae, and Siluridae families. This version imposed administrative and civil penalties for misrepresentation, with specific penalty tiers based on the establishment's annual food sales. Only governmental entities that issue food service permits (state, local health districts) could enforce these provisions, and the scope was limited to consumer-facing establishments (e.g., restaurants).

The Committee Substitute significantly expands the bill's scope. It applies not just to food service establishments but also to food service suppliers, wholesalers, distributors, and wholesale distributors—essentially encompassing the entire commercial supply chain. It introduces detailed definitions for each of these roles and requires that any party in the chain may only label a product as catfish if it contains the defined U.S.-sourced species from the Ictaluridae family. Additionally, this version omits the detailed penalty schedule and instead provides more general language regarding administrative and civil penalties, potentially allowing for broader enforcement discretion.

In summary, the substitute version of SB 1484 represents a broader and more systemic regulatory approach, targeting misleading labeling at all levels of the seafood supply chain, not just in restaurants, and aligning with transparency and consumer protection principles across the marketplace.

Author
Adam Hinojosa
Co-Author
Lois Kolkhorst
Sponsor
Stan Kitzman
Fiscal Notes

According to the Legislative Budget Board (LBB), the bill is projected to result in a net negative impact of $307,814 to General Revenue over the 2026–2027 biennium. These costs stem primarily from the need for the Department of State Health Services (DSHS) to expand its inspection capacity and implement the new labeling requirements for catfish and similar fish across the food supply chain.

To enforce the bill's provisions, DSHS would hire 1.5 full-time equivalent (FTE) Sanitarian I positions responsible for increased inspection duties. These positions would cost approximately $94,228 in FY2026 (partial year) and $125,637 in FY2027, with similar annual costs continuing through FY2030. Additional recurring expenses, such as staff training and technology support, are projected to stay below $100,000 per year.

Though the bill provides for administrative and civil penalties, the Legislative Budget Board notes that the number of violations and associated fine revenue cannot be reliably estimated. As a result, potential offsetting revenue from penalties is not accounted for in the projected fiscal impact. The Office of the Attorney General indicated that any required legal work related to enforcement could be absorbed within its existing resources.

For local governments, there may be minor implementation costs, particularly for local health departments that issue licenses or conduct inspections. However, as with the state, the fiscal effect on local entities remains indeterminate due to the unknown scale of enforcement actions or violations.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 1484 based on its alignment with core liberty principles—particularly personal responsibility, free enterprise, and limited government with accountable enforcement. The bill aims to address consumer protection and market fairness in the seafood industry by requiring accurate labeling of catfish and preventing the misrepresentation of imported fish as domestic catfish. These reforms are designed to support Texas aquaculture producers while providing transparency for consumers.

The bill analysis and sponsor’s intent emphasize the economic significance of aquaculture to Texas and the disadvantages posed by imported fish labeled deceptively. By expanding the bill’s scope to include food service suppliers, wholesalers, and distributors—not just restaurants—it addresses a systemic issue in the supply chain. The inclusion of affirmative defenses for businesses that acted in good faith and the clarification that violators may only be penalized under either administrative or civil provisions (but not both for the same act) reflect a measured approach to enforcement, avoiding regulatory overreach.

From a fiscal perspective, the bill carries a relatively modest projected cost—$307,814 over the 2026–2027 biennium—for hiring a small number of inspectors and implementing new standards. While penalties may eventually offset some costs, they are not projected to be significant or reliably predictable. Nonetheless, the regulatory burden is narrowly tailored and balances state interests in food safety and economic fairness without creating broad new mandates or intrusive surveillance.

Given its purpose, structure, and limited fiscal impact, SB 1484 promotes ethical business practices and consumer empowerment in a way that is consistent with liberty-oriented governance and economic accountability.

  • Individual Liberty: While the bill does not directly expand individual freedoms, it supports consumer autonomy by requiring transparent labeling of fish products. This allows individuals to make informed decisions about the food they purchase and consume. Accurate labeling promotes trust and reduces the risk of being misled, reinforcing the principle that individuals should have access to truthful information to exercise their liberty effectively.
  • Personal Responsibility: The bill promotes accountability among businesses throughout the food supply chain—restaurants, wholesalers, and distributors alike. It mandates that these entities take responsibility for accurately identifying and representing their products. The inclusion of an affirmative defense for businesses acting in good faith also reinforces the idea that individuals and entities should be judged based on intent and diligence, not merely outcome, which aligns closely with the principle of personal responsibility.
  • Free Enterprise: The bill levels the playing field for Texas aquaculture producers, particularly catfish farmers, by targeting deceptive marketing practices that give imported, lower-quality substitutes an unfair market advantage. By curbing misrepresentation, it ensures that honest businesses can compete fairly. While it introduces some regulation, the burden is targeted and tied directly to transparency rather than market control or price manipulation, preserving the essence of a competitive, open market.
  • Private Property Rights: The bill does not significantly interfere with ownership or use of property. It imposes no restrictions on what fish businesses may sell, only on how products are labeled and represented. The right to sell and profit from private property remains intact, provided it is done truthfully.
  • Limited Government: The bill introduces new enforcement mechanisms via administrative and civil penalties, which naturally expand regulatory oversight. However, it also takes care to prevent duplicative punishment and limits enforcement to entities already licensed by the Department of State Health Services or local authorities. The bill avoids unnecessary expansion of state power by including good-faith exceptions and ensuring penalties are proportionate to the conduct. Thus, it balances the need for public oversight with respect for minimal government intrusion.
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