AN ACT
1-1 relating to the Texas Department of Health's regulation of certain
1-2 food establishments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 437, Health and Safety Code, is amended
1-5 by amending Section 437.009 and adding Sections 437.0095, 437.0145,
1-6 and 437.0155 to read as follows:
1-7 Sec. 437.009. INSPECTIONS. Authorized agents or employees
1-8 of the department, a county, or a public health district may enter
1-9 the premises of a food service establishment, retail food store,
1-10 mobile food unit, [or] roadside food vendor, or temporary food
1-11 service establishment under the department's, county's, or
1-12 district's jurisdiction during normal operating hours to conduct
1-13 inspections to determine compliance with state law, rules adopted
1-14 under state law, and orders adopted by the department, county, or
1-15 district.
1-16 Sec. 437.0095. DETENTION. The commissioner or an authorized
1-17 agent may detain an article of food that is located on the premises
1-18 of a food service establishment, retail food store, mobile food
1-19 unit, roadside food vendor, or temporary food service establishment
1-20 and is adulterated or misbranded under Chapter 431.
1-21 Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER.
1-22 (a) The department shall suspend the license of a food service
1-23 establishment, retail food store, mobile food unit, roadside food
1-24 vendor, or temporary food service establishment or order the
2-1 immediate closing of the food service establishment, retail food
2-2 store, mobile food unit, roadside food vendor, or temporary food
2-3 service establishment if:
2-4 (1) the department finds the food service
2-5 establishment, retail food store, mobile food unit, roadside food
2-6 vendor, or temporary food service establishment is operating in
2-7 violation of the standards prescribed by this chapter; and
2-8 (2) the violation creates an immediate threat to the
2-9 health and safety of the public.
2-10 (b) An order suspending a license or closing a food service
2-11 establishment, retail food store, mobile food unit, roadside food
2-12 vendor, or temporary food service establishment under this section
2-13 is immediately effective on the date on which the license holder
2-14 receives written notice or a later date specified in the order.
2-15 (c) An order suspending a license or ordering an immediate
2-16 closing of a food service establishment, retail food store, mobile
2-17 food unit, roadside food vendor, or temporary food service
2-18 establishment is valid for 10 days after the effective date of the
2-19 order.
2-20 Sec. 437.0155. DEPARTMENT INJUNCTION. (a) If it appears
2-21 that a person has violated, is violating, or threatens to violate
2-22 this chapter or a rule adopted under this chapter, the department
2-23 may institute a civil suit in a district court for injunctive
2-24 relief to restrain the person from continuing the violation or
2-25 threat of violation.
2-26 (b) The department may petition a district court for a
3-1 temporary restraining order to immediately halt a violation or
3-2 other action creating an emergency condition if it appears that:
3-3 (1) a person is violating or threatening to violate
3-4 this chapter or a rule or order adopted under this chapter; and
3-5 (2) the violation or threatened violation creates an
3-6 immediate threat to the health and safety of the public.
3-7 (c) On the department's request, the attorney general shall
3-8 institute a suit in the name of the state for injunctive relief.
3-9 (d) In an action for injunctive relief under this section,
3-10 the court may grant any prohibitory or mandatory injunction
3-11 warranted by the facts, including temporary restraining orders,
3-12 temporary injunctions, and permanent injunctions. The court shall
3-13 grant injunctive relief without a bond or other undertaking by the
3-14 department.
3-15 (e) Venue for a suit brought under this section is in the
3-16 county in which the violation or threat of violation is alleged to
3-17 have occurred.
3-18 SECTION 2. (a) This Act takes effect September 1, 1999.
3-19 (b) The changes in law made by this Act apply only to a
3-20 violation that occurs on or after the effective date of this Act.
3-21 For the purposes of this section, a violation is committed before
3-22 the effective date of this Act if any element of the violation
3-23 occurs before that date. A violation that occurred before the
3-24 effective date of this Act is covered by the law in effect when the
3-25 violation occurred, and the former law is continued in effect for
3-26 that purpose.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1239 passed the Senate on
April 15, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1239 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor