BILL ANALYSIS


                                                    C.S.H.B. 2383
                                        By: McDonald (Armbrister)
                                                    State Affairs
                                                          5-23-95
                            Senate Committee Report (Substituted)
BACKGROUND

The Texas Department of Health currently monitors the charges
levied by counties and local public health districts. In some
municipalities, excessive food service permit fees and multiple
fines have transformed the local health departments into revenue
generators. The revenue generated is more than necessary for the
regulation of food service in some cases, and is allocated to
unrelated municipal expenses. Local health authorities, pressed by
municipalities to generate excess revenue, lose sight of their
function as protectors of the public health. Some  restaurants,
overcharged and fearful of the local health authority, have an
adversarial relationship with them.

PURPOSE

As proposed, C.S.H.B. 2383 amends the procedures of fees and
enforcement of regulations of retail food stores, food service
establishments, mobile food units and roadside food vendors.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 437.012(b), Health and Safety Code, to
delete the provision that the fee charged by a county or public
health district for issuing or renewing a permit may not exceed the
highest fee charged by a municipality in the county or public
health district.

SECTION 2. Amends Chapter 437, Health and Safety Code, by adding
Section 437.019, as follows:

     Sec. 437.019. ENFORCEMENT OF REGULATIONS APPLYING TO RETAIL
     FOOD STORES, FOOD SERVICE ESTABLISHMENTS, MOBILE FOOD UNITS,
     OR ROADSIDE FOOD VENDORS. (a) Provides that no municipality,
     county, or public health district may penalize a person
     required to obtain a permit for retailing or serving food by
     levying fines or penalties in excess of similarly situated
     municipalities, counties, or public health districts.
     
     (b) Authorizes a person or a class of persons to bring a
       suit to enjoin a practice prohibited by this section and to
       recover fines found by the court to have been excessive or
       confiscatory in nature and reasonable attorney's fees and
       court costs.
       
       SECTION 3.   Effective date: September 1, 1995.

SECTION 4. Emergency clause.