87R12020 MP-D
 
  By: Martinez H.B. No. 3975
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sanitary transportation of human and animal food.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Agriculture Code, is amended by adding
  Chapter 23 to read as follows:
  CHAPTER 23. SANITARY TRANSPORTATION OF HUMAN AND ANIMAL FOOD
         Sec. 23.001.  DEFINITION. In this chapter, "commercial
  motor vehicle" has the meaning assigned by Section 644.001,
  Transportation Code.
         Sec. 23.002.  RULES. (a) The department by rule shall adopt
  standards for the sanitary transportation of human and animal food
  by a commercial motor vehicle. 
         (b)  Standards adopted under this section must:
               (1)  be consistent with rules adopted by the Department
  of Public Safety under Section 644.055, Transportation Code; and
               (2)  comply with the Food Safety Modernization Act (21
  U.S.C. Section 2201 et seq.).
         Sec. 23.003.  CERTIFIED CLEANING. (a) The department shall
  establish a certification program to ensure the uniform
  sanitization of commercial motor vehicles used to transport human
  or animal food.
         (b)  A person certified under this section shall keep a
  record of each commercial motor vehicle sanitized in a form
  approved by the department.
         (c)  The operator of a commercial motor vehicle used for the
  transportation of human or animal food shall keep with the vehicle a
  record of each sanitization under this section. 
         SECTION 2.  Subchapter B, Chapter 644, Transportation Code,
  is amended by adding Section 644.055 to read as follows:
         Sec. 644.055.  REGULATION OF VEHICLES TRANSPORTING HUMAN OR
  ANIMAL FOOD. The department shall adopt rules for the inspection of
  a commercial motor vehicle transporting human or animal food to
  ensure compliance with the rules adopted by the Department of
  Agriculture under Section 23.002, Agriculture Code. Rules adopted
  under this section must be consistent with those rules.
         SECTION 3.  (a) Not later than January 1, 2022, the Texas
  Department of Agriculture shall adopt rules under Chapter 23,
  Agriculture Code, as added by this Act.
         (b)  Not later than January 1, 2022, the Department of Public
  Safety shall adopt rules under Section 644.055, Transportation
  Code, as added by this Act.
         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, 2021.