1-1 By: Maxey (Senate Sponsor - Harris) H.B. No. 492
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on Health
1-4 and Human Services; May 9, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 11, Nays 0; May 9, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Harris
1-8 Amend H.B. No. 492 as follows:
1-9 (1) In SECTION 1 of the bill, in added Section
1-10 431.002(23)(B), Health and Safety Code (House Engrossment, page 1,
1-11 line 28), by striking the word "holding,"
1-12 (2) In SECTION 3 of the bill, in added Section 431.2211(3),
1-13 Health and Safety Code (House Engrossment, page 2, line 1), between
1-14 "21," and "64", add "23,".
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to activities covered by the Texas Food, Drug, and
1-18 Cosmetic Act.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 431.002(23), Health and Safety Code, is
1-21 amended to read as follows:
1-22 (23) "Manufacture" means:
1-23 (A) the process of combining or purifying food
1-24 or [and] packaging food for sale to a person [consumer] at
1-25 wholesale or retail, and includes repackaging or labeling of any
1-26 food;
1-27 (B) the process of preparing, propagating,
1-28 compounding, processing, packaging, holding, repackaging, labeling,
1-29 testing, or quality control of a drug or drug product, but does not
1-30 include compounding that is done within the practice of pharmacy
1-31 and pursuant to a prescription from a practitioner for a patient;
1-32 (C) the process of preparing, fabricating,
1-33 assembling, processing, packing, repacking, labeling, or relabeling
1-34 a device; or
1-35 (D) the making of any cosmetic product by
1-36 chemical, physical, biological, or other procedures, including
1-37 manipulation, sampling, testing, or control procedures applied to
1-38 the product.
1-39 SECTION 2. Sections 431.221(3) and (4), Health and Safety
1-40 Code, are amended to read as follows:
1-41 (3) "Food wholesaler" means a person who distributes
1-42 food for resale, either through a retail outlet owned by that
1-43 person or through sales to another person. The term "food
1-44 wholesaler" shall not include:
1-45 (A) a commissary which distributes food
1-46 primarily intended for immediate consumption on the premises of a
1-47 retail outlet under common ownership; or
1-48 (B) an establishment engaged solely in the
1-49 distribution of [alcoholic or] nonalcoholic beverages in sealed
1-50 containers.
1-51 [(4) "Manufacture" means the process of combining or
1-52 purifying food and packaging food for sale to a consumer at
1-53 wholesale or retail.]
1-54 SECTION 3. Section 431.2211, Health and Safety Code, is
1-55 amended to read as follows:
1-56 Sec. 431.2211. APPLICATION OF SUBCHAPTER. This subchapter
1-57 does not apply to:
1-58 (1) a person, firm, or corporation that harvests,
1-59 packages, washes, or ships raw fruits or vegetables; [or]
1-60 (2) an individual who sells prepackaged nonperishable
1-61 foods, including dietary supplements, from a private home; or
1-62 (3) a person engaged solely in the distribution of
1-63 alcoholic beverages in sealed containers by holders of licenses or
1-64 permits issued under Chapter 19, 20, 21, 64, or 65, Alcoholic
2-1 Beverage Code.
2-2 SECTION 4. Section 431.045(c), Health and Safety Code, is
2-3 amended to read as follows:
2-4 (c) If an emergency order is issued without a hearing, the
2-5 department shall determine a time and place for a hearing at which
2-6 the emergency order is affirmed, modified, or set aside. The
2-7 hearing shall be held under the contested case provisions of
2-8 Chapter 2001, Government Code, and the board's formal hearing
2-9 [departmental] rules.
2-10 SECTION 5. This Act takes effect September 1, 1997.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *