By:  Armbrister                                       S.B. No. 1082
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the regulation of retail food stores, food service
    1-2  establishments, mobile food units, and roadside food vendors.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 437.012, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        (a)  A county or public health district may require the
    1-7  payment of a fee for issuing or renewing a permit.
    1-8        (b)  The fee for issuing or renewing a permit may not exceed
    1-9  $150 <or the highest fee charged by a municipality in the county or
   1-10  public health district, whichever amount is less>.
   1-11        (c)  Fees, fines or other charges collected by a municipality
   1-12  or county in regulating retail food stores, food service
   1-13  establishments, mobile food units, or roadside food vendors <under
   1-14  this chapter> shall be deposited to the credit of a special fund of
   1-15  the municipality or county.  Fees, fines or other charges collected
   1-16  by a public health district in regulating retail food stores, food
   1-17  service establishments, mobile food units, or roadside food vendors
   1-18  <under this chapter> shall be deposited to the credit of a special
   1-19  fund created by the cooperative agreement under which the district
   1-20  operates.
   1-21        (d)  Fees, fines or other charges collected by a
   1-22  municipality, county or public health district in regulating retail
   1-23  food stores, food service establishments, mobile food units, or
    2-1  roadside food vendors <deposited as provided by this section> may
    2-2  be spent only for conducting inspections <required by this chapter
    2-3  and> issuing permits and complying with the provisions of this
    2-4  chapter.
    2-5        SECTION 2.  Section 437.013, Health and Safety Code, is
    2-6  amended to read as follows:
    2-7        Section 437.013.  Audited Statements.  (a)  A municipality,
    2-8  county or public health district shall file an audited statement
    2-9  with the Texas Department of Health on or before January 15 of each
   2-10  year.
   2-11        (b)  The statement must include the receipts of funds
   2-12  collected in regulating retail food stores, food service
   2-13  establishments, mobile food units, and roadside food vendors <under
   2-14  this chapter>, all expenditures of funds, and fund balances.
   2-15        (c)  A municipality, county or public health district that
   2-16  fails to timely file the statement may not require the payment of a
   2-17  fee for issuing or renewing a permit until the statement is filed.
   2-18        SECTION 3.  Chapter 437, Health and Safety Code, is amended
   2-19  by adding Section 437.019 to read as follows:
   2-20        Section 437.019.  Enforcement of Regulations Applying to
   2-21  Retail Food Stores, Food Service Establishments, Mobile Food Units,
   2-22  or Roadside Food Vendors.  No municipality, county or public health
   2-23  district shall unreasonably penalize a person required to obtain a
   2-24  permit or set permit fees which, when combined with fines or other
   2-25  charges, generate revenues in excess of that amount necessary to
    3-1  carry out the functions of regulating retail food stores, food
    3-2  service establishments, mobile food units, roadside food vendors
    3-3  and complying with this chapter.
    3-4        SECTION 4.  This Act takes effect September 1, 1995.
    3-5        SECTION 5.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.