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.
1-37 * * * * *