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.