By Maxey H.B. No. 2838
Substitute the following for H.B. No. 2838:
By Berlanga C.S.H.B. No. 2838
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas Department of Health
1-3 under the Texas Food, Drug and Cosmetic Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 431.002(23), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (23) "Manufacture" means:
1-8 (A) the process of combining or purifying food
1-9 and packaging food for sale or to a consumer at wholesale or retail
1-10 and includes repackaging or otherwise changing the container,
1-11 wrapper, or labeling of any food;
1-12 (B) the process of preparing, propagating,
1-13 compounding, processing, packaging, holding, repackaging, labeling,
1-14 testing and quality control of drugs and drug products;
1-15 (C) the process of preparing, fabricating,
1-16 assembling, processing, packing, repacking, labeling or relabeling
1-17 a device;
1-18 (D) the making of any cosmetic product by
1-19 chemical, physical, biological, or other procedures, including
1-20 manipulation, sampling, testing, or control procedures applied to
1-21 the product <the process of combining or purifying food and
1-22 packaging food for sale to a consumer at wholesale or retail>.
1-23 SECTION 2. Section 431.021(h), Health and Safety Code is
1-24 amended to read as follows:
2-1 (h) the manufacture or sale within this state of any food,
2-2 drug, device, or cosmetic that is adulterated or misbranded;
2-3 SECTION 3. Section 431.042(b), Health and Safety Code is
2-4 amended to read as follows:
2-5 (b) The inspection of an establishment, including a factory,
2-6 warehouse, or consulting laboratory, in which a <prescription>
2-7 drug, <or restricted> device, or cosmetic is manufactured,
2-8 processed, packed, or held for introduction into commerce extends
2-9 to any place or thing, including a record, file, paper, process,
2-10 control, or facility, in order to determine whether the drug, <or>
2-11 device, or cosmetic:
2-12 (1) is adulterated or misbranded;
2-13 (2) may not be manufactured, introduced into commerce,
2-14 sold or offered for sale under this chapter; or
2-15 (3) is otherwise in violation of this chapter.
2-16 SECTION 4. Sections 431.045(a) and (c), Health and Safety
2-17 Code, are amended to read as follows:
2-18 (a) The commissioner or a person designated by the
2-19 commissioner may issue an emergency order that is restrictive,
2-20 <either> mandatory, or prohibitory in nature<,> in relation to the
2-21 manufacture or sale of a food, drug, device, or cosmetic in the
2-22 department's jurisdiction if the commissioner or the person
2-23 designated by the commissioner determines that:
2-24 (1) the manufacture or sale of the food, drug, device,
2-25 or cosmetic creates or poses an immediate and serious threat to
2-26 human life or health; and
2-27 (2) other procedures available to the department to
3-1 remedy or prevent the occurrence of the situation will result in
3-2 unreasonable delay.
3-3 (c) If an emergency order is issued without a hearing, the
3-4 department shall determine a time and place for a hearing at which
3-5 the emergency order is affirmed, modified, or set aside. The
3-6 hearing shall be held under the contested case provisions of
3-7 Chapter 2001, Government Code, and the board's formal hearing
3-8 <departmental> rules.
3-9 SECTION 5. Section 431.221(4), Health and Safety Code, is
3-10 amended to read as follows:
3-11 (4) "Manufacture" means the process of combining or
3-12 purifying food and packaging food for sale to a consumer at
3-13 wholesale or retail and includes repackaging or otherwise changing
3-14 the container, wrapper, or labeling of any food.
3-15 SECTION 6. This Act takes effect September 1, 1995.
3-16 SECTION 7. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.