74R10373 KLL-D
          By McDonald                                           H.B. No. 2383
          Substitute the following for H.B. No. 2383:
          By Berlanga                                       C.S.H.B. No. 2383
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of retail food stores, food service
    1-3  establishments, mobile food units, and roadside food vendors.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 437.012(b), Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        (b)  The fee charged by a county or public health district
    1-8  for issuing or renewing a permit may not exceed $150 <or the
    1-9  highest fee charged by a municipality in the county or public
   1-10  health district, whichever amount is less>.
   1-11        SECTION 2.  Chapter 437, Health and Safety Code, is amended
   1-12  by adding Section 437.019 to read as follows:
   1-13        Sec. 437.019.  ENFORCEMENT OF REGULATIONS APPLYING TO RETAIL
   1-14  FOOD STORES, FOOD SERVICE ESTABLISHMENTS, MOBILE FOOD UNITS, OR
   1-15  ROADSIDE FOOD VENDORS.  (a)  A municipality, county, or public
   1-16  health district may not unreasonably penalize a person required to
   1-17  obtain a permit for retailing or serving food by levying fines or
   1-18  penalties significantly in excess of similarly situated
   1-19  municipalities, counties, or public health districts.
   1-20        (b)  A person or a class of persons may bring suit to enjoin
   1-21  a practice prohibited by this section and may recover fines found
   1-22  by the court to have been excessive or confiscatory in nature and
   1-23  reasonable attorney's fees and court costs.
    2-1        SECTION 3.  This Act takes effect September 1, 1995.
    2-2        SECTION 4.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.