By: Anderson of Dallas H.B. No. 4250       A BILL TO BE ENTITLED   AN ACT   relating to liability of food donors.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 76.004, Civil Practice and Remedies   Code, is amended by adding Subsection (6) and (7) to read as   follows:                (6)  "Canned food" means any food commercially   processed and prepared for human consumption.                (7)  "Perishable food" means any food which may spoil   or otherwise become unfit for human consumption because of its   nature, type, or physical condition. It includes, but is not   limited to, fresh and processed meats, poultry, seafood, dairy   products, bakery products, eggs, fresh fruits, and vegetables and   foods which have been packaged, refrigerated, or frozen.          SECTION 2.  Sections 76.003, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 76.003.  APPARENTLY WHOLESOME FOOD. For the purposes   of this chapter, canned food, perishable food, or any other type of   food is apparently wholesome if the food meets all quality   standards of local, county, state, and federal agricultural and   health laws and rules, even though the food is not readily   marketable due to appearance, age, freshness, grade, size, surplus,   or other condition.  Canned goods food that are is leaking, swollen,   dented on a seam, or no longer airtight are is not apparently   wholesome food.          SECTION 3.  The change in law made by this Act applies only   to the donation or distribution of food on or after the effective   date of this Act. The donation or distribution of food before the   effective date of this Act is governed by the law applicable to the   donation or distribution immediately before the effective date of   this Act, and that law is continued in effect for that purpose.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.