SRC-DPW S.B. 1891 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1891
By: Gallegos
Health Services
5/2/1999
As Filed


DIGEST 

Currently, some ice cream pushcart vendors are required to hold a license
issued by the municipality in which they operate to sell their products to
the public.  This bill would require an ice cream push cart vendor to
obtain a certificate issued by the Texas Department of Health to sell ice
cream to the public. 

PURPOSE

As proposed, S.B. 1891 establishes procedures for the regulation of ice
cream pushcart vendors and provides a criminal penalty for violations of
this Act. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 1 (Section 441.003, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6A, Health and Safety Code, by adding Chapter 441,
as follows: 

CHAPTER 441. ICE CREAM PUSHCART VENDORS

Sec. 441.001. DEFINITION. Defines "department."

Sec. 441.002. CERTIFICATION OF ICE CREAM PUSHCART VENDORS. Prohibits an ice
cream pushcart vendor (vendor) from furnishing ice cream to the public
without a certificate issued under this chapter, which authorizes the
vendor to operate multiple ice cream pushcarts (pushcart).  Requires the
certificate or a copy of the certificate to be displayed on each pushcart.
Requires the vendor to submit a signed certificate application to the Texas
Department of Health (department) on a prescribed form, pay the department
certain fees, and comply with any rules adopted by the department, to
obtain or renew a certificate.   

Sec. 411.003. RULES. Requires the department to adopt rules that are
necessary to implement this chapter, which may include rules relating to
inspections, certificate suspension, revocation, other disciplinary action,
or renewal.  Authorizes a municipality with a population of 100,000 or more
to recommend rules to the department.   

Sec. 441.004. MUNICIPAL REGULATION. Provides that a certificate issued
under this chapter supersedes a license required or issued by another
political subdivision, and prohibits a certificate holder from being
required to hold a license issued by another political subdivision to
operate a pushcart. 

Sec. 441.005. CRIMINAL PENALTY. Provides that a person commits a Class C
misdemeanor if the person operates a pushcart without a certificate, and
each day on which a violation occurs constitutes a separate offense. 

SECTION 2. Effective date: September 1, 1999, with the exception of
Sections 441.002(a) and (b) and 441.005, Health and Safety Code, as added
by this Act, which take effect January 1, 2000.  Provides that on the
effective date of this Act, a municipal license to operate a pushcart is
void. 

SECTION 3. Emergency clause.