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.