By Garcia                                             H.B. No. 2805
         76R7535 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of ice cream push cart vendors;
 1-3     providing 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 PUSH CART 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 PUSH CART VENDORS.
1-11     (a)  An ice cream push cart vendor may not furnish ice cream to the
1-12     public unless the ice cream push cart vendor holds a certificate
1-13     issued under this chapter.
1-14           (b)  The certificate must be displayed on the ice cream push
1-15     cart.
1-16           (c)  To obtain or renew an ice cream push cart vendor
1-17     certificate, an applicant must:
1-18                 (1)  submit a signed certificate application to the
1-19     department on a form prescribed by the department;
1-20                 (2)  pay the department a $25 application fee; and
1-21                 (3)  comply with any rules adopted by the department.
1-22           Sec. 441.003.  RULES.  The department shall adopt rules that
1-23     are necessary to implement this chapter and that promote the public
1-24     health and safety.  The rules may include rules relating to
 2-1     certificate suspension, revocation, or other disciplinary action
 2-2     and relating to certificate renewal.
 2-3           Sec. 441.004.  MUNICIPAL REGULATION.  A license issued under
 2-4     this chapter supersedes a license required or issued by a
 2-5     municipality or other political subdivision of this state, and a
 2-6     license holder may not be required to hold a license issued by a
 2-7     municipality or other political subdivision of this state to
 2-8     operate an ice cream push cart in the municipality or political
 2-9     subdivision.
2-10           Sec. 441.005.  CRIMINAL PENALTY.  (a)  A person commits an
2-11     offense if the person operates an ice cream push cart without the
2-12     certificate required by this chapter.
2-13           (b)  An offense under this section is a Class C misdemeanor.
2-14           (c)  Each day on which a violation occurs constitutes a
2-15     separate offense.
2-16           SECTION 2.  (a)  Except as provided by Subsection (b) of this
2-17     section, this Act takes effect September 1, 1999.
2-18           (b)  Sections 441.002(a) and (b) and 441.005, Health and
2-19     Safety Code, as added by this Act, take effect January 1, 2000.
2-20           (c)  On the effective date of this Act, a municipal license
2-21     to operate an ice cream push cart is void.
2-22           SECTION 3.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended.