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.

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