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


Senate Research CenterC.S.S.B. 1891
76R15045 MCK-DBy: Gallegos
Health Services
5/9/1999
Committee Report (Substituted)


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, C.S.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. APPLICATION OF LAW. Provides that this chapter only applies
to an ice cream pushcart operated in an unincorporated area or in a
municipality that does not have an ordinance that regulates the operation
of ice cream pushcarts and is identical to or exceeds the minimum standards
adopted under this chapter. 

Sec. 441.003. 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. 411.004. 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. 441.005. MUNICIPAL REGULATION. Prohibits a municipality from
prohibiting the operation of pushcarts in the municipality.  Prohibits a
municipality from adopting an ordinance that conflicts with this chapter. 

Sec. 441.006. 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 441.003(a) and (b) and  441.006, Health and Safety Code, as added
by this Act, which take effect January 1, 2000, except that in a
municipality in which Chapter 441, Health and Safety Code, as added by this
Act, applies, Sections 441.003(a) and (b) and 441.006, Health and Safety
Code, take effect September 1, 2001. 

SECTION 3. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 441.002, Health and Safety Code, to insert text regarding
the application of law to this Act and moves proposed text regarding the
certification of vendors to subsequent sections. 

Amends Section 441.005, Health and Safety Code, to prohibit a municipality
from prohibiting the operation of pushcarts in the municipality or from
adopting an ordinance that conflicts with this chapter. 

SECTION 2.

Provides that Sections 441.003(a) and (b) and 441.006, Health and Safety
Code, take effect September 1, 2001,  in a municipality in which Chapter
441, Health and Safety Code, as added by this Act, applies.  Makes
conforming changes.