By Nelson S.B. No. 1239
76R3427 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Department of Health's regulation of certain
1-3 food establishments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 437, Health and Safety Code, is amended
1-6 by amending Section 437.009 and adding Sections 437.0095, 437.0145,
1-7 and 437.0155 to read as follows:
1-8 Sec. 437.009. INSPECTIONS. Authorized agents or employees
1-9 of the department, a county, or a public health district may enter
1-10 the premises of a food service establishment, retail food store,
1-11 mobile food unit, [or] roadside food vendor, or temporary food
1-12 service establishment under the department's, county's, or
1-13 district's jurisdiction during normal operating hours to conduct
1-14 inspections to determine compliance with state law, rules adopted
1-15 under state law, and orders adopted by the department, county, or
1-16 district.
1-17 Sec. 437.0095. DETENTION. The commissioner or an authorized
1-18 agent may detain an article of food that is located on the premises
1-19 of a food service establishment, retail food store, mobile food
1-20 unit, roadside food vendor, or temporary food service establishment
1-21 and is adulterated or misbranded under Chapter 431.
1-22 Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER.
1-23 (a) The department shall suspend the license of a food service
1-24 establishment, retail food store, mobile food unit, roadside food
2-1 vendor, or temporary food service establishment or order the
2-2 immediate closing of the food service establishment, retail food
2-3 store, mobile food unit, roadside food vendor, or temporary food
2-4 service establishment if:
2-5 (1) the department finds the food service
2-6 establishment, retail food store, mobile food unit, roadside food
2-7 vendor, or temporary food service establishment is operating in
2-8 violation of the standards prescribed by this chapter; and
2-9 (2) the violation creates an immediate threat to the
2-10 health and safety of the public.
2-11 (b) An order suspending a license or closing a food service
2-12 establishment, retail food store, mobile food unit, roadside food
2-13 vendor, or temporary food service establishment under this section
2-14 is immediately effective on the date on which the license holder
2-15 receives written notice or a later date specified in the order.
2-16 (c) An order suspending a license or ordering an immediate
2-17 closing of a food service establishment, retail food store, mobile
2-18 food unit, roadside food vendor, or temporary food service
2-19 establishment is valid for 10 days after the effective date of the
2-20 order.
2-21 Sec. 437.0155. DEPARTMENT INJUNCTION. (a) If it appears
2-22 that a person has violated, is violating, or threatens to violate
2-23 this chapter or a rule adopted under this chapter, the department
2-24 may institute a civil suit in a district court for injunctive
2-25 relief to restrain the person from continuing the violation or
2-26 threat of violation.
2-27 (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 or in Travis County.
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.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.