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 * * * * *