By McDonald 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, Health and Safety Code, is
1-6 amended to read as follows:
1-7 (a) A county or public health district may require the
1-8 payment of a fee for issuing or renewing a permit.
1-9 (b) The fee for issuing or renewing a permit may not exceed
1-10 $150 <or the highest fee charged by a municipality in the county or
1-11 public health district, whichever amount is less>.
1-12 (c) Fees, fines or other charges collected by a municipality
1-13 or county in regulating retail food stores, food service
1-14 establishments, mobile food units, or roadside food vendors <under
1-15 this chapter> shall be deposited to the credit of a special fund of
1-16 the municipality or county. Fees, fines or other charges
1-17 collected by a public health district in regulating retail food
1-18 stores, food service establishments, mobile food units, or roadside
1-19 food vendors <under this chapter> shall be deposited to the credit
1-20 of a special fund created by the cooperative agreement under which
1-21 the district operates.
1-22 (d) Fees, fines or other charges collected by a
1-23 municipality, county or public health district in regulating retail
2-1 food stores, food service establishments, mobile food units, or
2-2 roadside food vendors <deposited as provided by this section> may
2-3 be spent only for conducting inspections <required by this chapter
2-4 and> issuing permits and complying with the provisions of this
2-5 chapter.
2-6 SECTION 2. Section 437.013, Health and Safety Code, is
2-7 amended to read as follows:
2-8 Section 437.013. Audited Statements. (a) A municipality,
2-9 county or public health district shall file an audited statement
2-10 with the Texas Department of Health on or before January 15 of each
2-11 year.
2-12 (b) The statement must include the receipts of funds
2-13 collected in regulating retail food stores, food service
2-14 establishments, mobile food units, and roadside food vendors <under
2-15 this chapter>, all expenditures of funds, and fund balances.
2-16 (c) A municipality, county or public health district that
2-17 fails to timely file the statement may not require the payment of a
2-18 fee for issuing or renewing a permit until the statement is filed.
2-19 SECTION 3. Chapter 437, Health and Safety Code, is amended
2-20 by adding Section 437.019 to read as follows:
2-21 Section 437.019. Enforcement of Regulations Applying to
2-22 Retail Food Stores, Food Service Establishments, Mobile Food Units,
2-23 or Roadside Food Vendors. No municipality, county or public health
2-24 district shall unreasonably penalize a person required to obtain a
2-25 permit or set permit fees which, when combined with fines or other
3-1 charges, generate revenues in excess of that amount necessary to
3-2 carry out the functions of regulating retail food stores, food
3-3 service establishments, mobile food units, roadside food vendors
3-4 and complying with this chapter.
3-5 SECTION 4. This Act takes effect September 1, 1995.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house to be suspended, and this rule is hereby
3-11 suspended.