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 * * * * *