SRC-ARR, ARR S.B. 1239 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1239
By: Nelson
Health Services
7/27/1999
Enrolled


DIGEST 

Under current Texas law, it takes up to 45 days for the Texas Department of
Health (department) to receive the injunctive relief necessary to close an
unsanitary food facility. During this period a facility can continue to
operate even with serious critical violations. .S.B. 1239 will authorize
the department, counties, and public health districts to immediately close
retail food establishments that fail to comply with the minimum state
standards and which pose immediate public health hazard. 

PURPOSE

As enrolled, S.B. 1239 authorizes the Texas Department of Health's to
regulate certain food establishments. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 437, Health and Safety Code, by amending Section
437.009 and adding Sections 437.0095, 437.0145 and 437.0155, as follows:  

Sec. 437.009. INSPECTIONS. Authorizes authorized agents or employees of the
Texas Department of Health(department), a county, or a public health
district to enter the premises of a food service establishment, or
temporary food service establishment under the department's, county's or
district's jurisdiction during normal operating hours to conduct
inspections to determine compliance with state law, rules adopted under
state law, and orders adopted by the department, county, of district. 

Sec. 437.0095. DETENTION. Authorizes the commissioner of the department or
an authorized agent to detain an article of food that is located on the
premises of a food service establishment, retail store, mobile food unit,
roadside food vendor, or temporary food service establishment and is
adulterated or misbranded under Chapter 431.  

Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER. Requires the
department to suspend the license of a food service establishment, retail
food store, mobile food unit, roadside food vendor, or temporary food
service establishment or order the immediate closing if the department
finds certain violations. Provides that an order suspending a license or
closing an establishment under this section is immediately effective on the
date on which the license holder receives written notice or a later date
specified in the order and is valid for 10 days after the effective date of
the order. 

Sec. 437.0155. DEPARTMENT INJUNCTION. Authorizes the department to
institute a civil suit in a district court for injunctive relief to
restrain the person from continuing the violation or threat of violation,
if it appears that a person has violated, is violating, or threatens to
violate this chapter or a rule adopted under this chapter. Authorizes the
department to petition a district court for a temporary restraining order
to immediately halt a violation or other action creating an emergency
condition if it appears that certain violations are going to occur.
Requires the attorney general to institute a suit in the same name of the
state for  injunctive relief, on the department's request. Authorizes the
court, in an action for injunctive relief under this section, to grant any
prohibitory or mandatory injunction warranted by the facts, including
temporary restraining orders, temporary injunctions, and permanent
injunctions. Requires the court to grant injunctive relief without a bond
or other undertaking by the department. Provides that venue for a suit
brought under this section is in the county in which the violation or
threat of violation is alleged to have occurred. 

SECTION 2. Effective date: September 1, 1999.
                      Makes application of this Act prospective.

SECTION 3. Emergency clause.