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.