By Giddings H.B. No. 1362 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to exemptions from regulation as a food manufacturer or 1-3 wholesaler. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 431.221, Health and Safety Code, is 1-6 amended by adding Subdivision (5) to read as follows: 1-7 (5) "Direct seller" means an individual: 1-8 (A) engaged in the business of in-person sales 1-9 of prepackaged, nonperishable foods or dietary supplements to a 1-10 buyer on a buy-sell basis or similar basis for resale in a home, 1-11 and not affiliated with, a permanent retail establishment; 1-12 (B) who receives substantially all remuneration 1-13 for a service, whether in cash or other form of payment, which is 1-14 directly related to sales or other output, including the 1-15 performance of the service, and not to the number of hours worked; 1-16 and 1-17 (C) who performs services under a written 1-18 contract between the individual and the person for whom the service 1-19 is performed, and the contract provides that the individual is not 1-20 treated as an employee with respect to federal tax purposes. 1-21 SECTION 2. Section 431.2211, Health and Safety Code, is 1-22 amended to read as follows: 1-23 Sec. 431.2211. Application of Subchapter. This subchapter 1-24 does not apply to: 2-1 (1) a person, firm, or corporation that harvests, 2-2 packages, washes, or ships raw fruits or vegetables; or 2-3 (2) an individual who sells prepackaged nonperishable 2-4 foods, including dietary supplements, from a private home as a 2-5 direct seller. 2-6 SECTION 3. 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.