76R15053 MCK-D By Garcia H.B. No. 2805 Substitute the following for H.B. No. 2805: By Capelo C.S.H.B. No. 2805 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of ice cream pushcart vendors; providing 1-3 a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 6, Health and Safety Code, is 1-6 amended by adding Chapter 441 to read as follows: 1-7 CHAPTER 441. ICE CREAM PUSHCART VENDORS 1-8 Sec. 441.001. DEFINITION. In this chapter, "department" 1-9 means the Texas Department of Health. 1-10 Sec. 441.002. CERTIFICATION OF ICE CREAM PUSHCART VENDORS. 1-11 (a) An ice cream pushcart vendor may not furnish ice cream to the 1-12 public unless the ice cream pushcart vendor holds a certificate 1-13 issued under this chapter. The holder of an ice cream pushcart 1-14 vendor certificate may operate more than one ice cream pushcart. 1-15 (b) The certificate or a copy of the certificate must be 1-16 displayed on each ice cream pushcart operated by the vendor. 1-17 (c) To obtain or renew an ice cream pushcart vendor 1-18 certificate, an applicant must: 1-19 (1) submit a signed certificate application to the 1-20 department on a form prescribed by the department; 1-21 (2) pay the department: 1-22 (A) a $200 application fee; and 1-23 (B) a $125 inspection fee for each ice cream 1-24 pushcart operated by the applicant; and 2-1 (3) comply with any rules adopted by the department. 2-2 Sec. 441.003. RULES. (a) The department shall adopt rules 2-3 that are necessary to implement this chapter and that promote the 2-4 public health and safety. The rules may include rules relating to: 2-5 (1) inspections; 2-6 (2) certificate suspension or revocation or other 2-7 disciplinary action; and 2-8 (3) certificate renewal. 2-9 (b) A municipality with a population of 100,000 or more may 2-10 recommend rules to the department. 2-11 Sec. 441.004. MUNICIPAL REGULATION. A certificate issued 2-12 under this chapter supersedes a license required or issued by a 2-13 municipality or other political subdivision of this state, and a 2-14 certificate holder may not be required to hold a license issued by 2-15 a municipality or other political subdivision of this state to 2-16 operate an ice cream pushcart in the municipality or political 2-17 subdivision. 2-18 Sec. 441.005. CRIMINAL PENALTY. (a) A person commits an 2-19 offense if the person operates an ice cream pushcart without the 2-20 certificate required by this chapter. 2-21 (b) An offense under this section is a Class C misdemeanor. 2-22 (c) Each day on which a violation occurs constitutes a 2-23 separate offense. 2-24 SECTION 2. (a) Except as provided by Subsection (b) of this 2-25 section, this Act takes effect September 1, 1999. 2-26 (b) Sections 441.002(a) and (b) and 441.005, Health and 2-27 Safety Code, as added by this Act, take effect January 1, 2000. 3-1 (c) On the effective date of this Act, a municipal license 3-2 to operate an ice cream pushcart is void. 3-3 SECTION 3. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.