1-1  By:  McDonald (Senate Sponsor - Armbrister)           H.B. No. 2383
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  MAY 12, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 22, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; May 22, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 2383              By:  Armbrister
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the regulation of retail food stores, food service
   1-11  establishments, mobile food units, and roadside food vendors.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 437.012(b), Health and Safety Code, is
   1-14  amended to read as follows:
   1-15        (b)  The fee for issuing or renewing a permit may not exceed
   1-16  $150 <or the highest fee charged by a municipality in the county or
   1-17  public health district, whichever amount is less>.
   1-18        SECTION 2.  Chapter 437, Health and Safety Code, is amended
   1-19  by adding Section 437.019 to read as follows:
   1-20        Sec. 437.019.  ENFORCEMENT OF REGULATIONS APPLYING TO RETAIL
   1-21  FOOD STORES, FOOD SERVICE ESTABLISHMENTS, MOBILE FOOD UNITS, OR
   1-22  ROADSIDE FOOD VENDORS.  (a)  No municipality, county or public
   1-23  health district may unreasonably penalize a person required to
   1-24  obtain a permit for retailing or serving food by excessively
   1-25  issuing citations as compared to the practices of similarly
   1-26  situated municipalities, counties or public health districts.
   1-27        (b)  A person, or a class of persons, may bring suit to
   1-28  enjoin a practice prohibited by this section and may recover fines
   1-29  found by the court to have been excessive or confiscatory in nature
   1-30  and reasonable attorney's fees and court costs.
   1-31        SECTION 3.  This Act takes effect September 1, 1995.
   1-32        SECTION 4.  The importance of this legislation and the
   1-33  crowded condition of the calendars in both houses create an
   1-34  emergency and an imperative public necessity that the
   1-35  constitutional rule requiring bills to be read on three several
   1-36  days in each house be suspended, and this rule is hereby suspended.
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