75R6840 SKB-D                           

         By Maxey                                               H.B. No. 492

         Substitute the following for H.B. No. 492:

         By Maxey                                           C.S.H.B. No. 492

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to activities covered by the Texas Food, Drug, and

 1-3     Cosmetic Act.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 431.002(23), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7                 (23)  "Manufacture" means the process of combining or

 1-8     purifying food or [and] packaging food for sale to a person

 1-9     [consumer] at wholesale or retail, and includes repackaging or

1-10     otherwise changing the container, wrapper, or labeling of any food,

1-11     the process of preparing, propagating, compounding, processing,

1-12     packaging, repackaging, labeling, testing, or quality control of a

1-13     drug or drug product, the process of preparing, fabricating,

1-14     assembling, processing, packing, repacking, labeling, or relabeling

1-15     a device, or the making of any cosmetic product by chemical,

1-16     physical, biological, or other procedures, including manipulation,

1-17     sampling, testing, or control procedures applied to the product.

1-18     The term does not include the process of distribution of alcoholic

1-19     beverages if the distribution process does not include any of the

1-20     other processes described under this subdivision.

1-21           SECTION 2.  Section 431.045(c), Health and Safety Code, is

1-22     amended to read as follows:

1-23           (c)  If an emergency order is issued without a hearing, the

1-24     department shall determine a time and place for a hearing at which

 2-1     the emergency order is affirmed, modified, or set aside.  The

 2-2     hearing shall be held under the contested case provisions of

 2-3     Chapter 2001, Government Code, and the board's formal hearing

 2-4     [departmental] rules.

 2-5           SECTION 3.  This Act takes effect September 1, 1997.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.