1-1  By:  Nelson                                            S.B. No. 955
    1-2        (In the Senate - Filed March 7, 1995; March 8, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  March 23, 1995, rereferred to Committee on State Affairs;
    1-5  April 11, 1995, reported favorably, as amended, by the following
    1-6  vote:  Yeas 13, Nays 0; April 11, 1995, sent to printer.)
    1-7  COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
    1-8  Amend S.B. No. 955 by adding the following new SECTION,
    1-9  appropriately numbered, and renumbering remaining sections as
   1-10  necessary:
   1-11        SECTION ____.  Subdivision (3), Section 431.221, Health and
   1-12  Safety Code, is amended to read as follows:
   1-13              (3)  "Food wholesaler" means a person who distributes
   1-14  food for resale, either through a retail outlet owned by that
   1-15  person or through sales to another person.  The term "food
   1-16  wholesaler" shall not include a commissary which distributes food
   1-17  primarily intended for immediate consumption on the premises of a
   1-18  retail outlet under common ownership or establishments engaged
   1-19  solely in the distribution of alcoholic or nonalcoholic beverages
   1-20  in sealed containers.
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to exemptions from regulation as a food manufacturer or
   1-24  wholesaler.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 431.2211, Health and Safety Code, is
   1-27  amended to read as follows:
   1-28        Sec. 431.2211.  APPLICATION OF SUBCHAPTER. This subchapter
   1-29  does not apply to:
   1-30              (1)  a person, firm, or corporation that harvests,
   1-31  packages, washes, or ships raw fruits or vegetables; or
   1-32              (2)  an individual who sells prepackaged nonperishable
   1-33  foods, including dietary supplements, from a private home.
   1-34        SECTION 2.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended,
   1-39  and that this Act take effect and be in force from and after its
   1-40  passage, and it is so enacted.
   1-41                               * * * * *