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.