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.