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.