1-1 By: Nelson S.B. No. 1239
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 April 6, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 6, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1239 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Texas Department of Health's regulation of certain
1-11 food establishments.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 437, Health and Safety Code, is amended
1-14 by amending Section 437.009 and adding Sections 437.0095, 437.0145,
1-15 and 437.0155 to read as follows:
1-16 Sec. 437.009. INSPECTIONS. Authorized agents or employees
1-17 of the department, a county, or a public health district may enter
1-18 the premises of a food service establishment, retail food store,
1-19 mobile food unit, [or] roadside food vendor, or temporary food
1-20 service establishment under the department's, county's, or
1-21 district's jurisdiction during normal operating hours to conduct
1-22 inspections to determine compliance with state law, rules adopted
1-23 under state law, and orders adopted by the department, county, or
1-24 district.
1-25 Sec. 437.0095. DETENTION. The commissioner or an authorized
1-26 agent may detain an article of food that is located on the premises
1-27 of a food service establishment, retail food store, mobile food
1-28 unit, roadside food vendor, or temporary food service establishment
1-29 and is adulterated or misbranded under Chapter 431.
1-30 Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER.
1-31 (a) The department shall suspend the license of a food service
1-32 establishment, retail food store, mobile food unit, roadside food
1-33 vendor, or temporary food service establishment or order the
1-34 immediate closing of the food service establishment, retail food
1-35 store, mobile food unit, roadside food vendor, or temporary food
1-36 service establishment if:
1-37 (1) the department finds the food service
1-38 establishment, retail food store, mobile food unit, roadside food
1-39 vendor, or temporary food service establishment is operating in
1-40 violation of the standards prescribed by this chapter; and
1-41 (2) the violation creates an immediate threat to the
1-42 health and safety of the public.
1-43 (b) An order suspending a license or closing a food service
1-44 establishment, retail food store, mobile food unit, roadside food
1-45 vendor, or temporary food service establishment under this section
1-46 is immediately effective on the date on which the license holder
1-47 receives written notice or a later date specified in the order.
1-48 (c) An order suspending a license or ordering an immediate
1-49 closing of a food service establishment, retail food store, mobile
1-50 food unit, roadside food vendor, or temporary food service
1-51 establishment is valid for 10 days after the effective date of the
1-52 order.
1-53 Sec. 437.0155. DEPARTMENT INJUNCTION. (a) If it appears
1-54 that a person has violated, is violating, or threatens to violate
1-55 this chapter or a rule adopted under this chapter, the department
1-56 may institute a civil suit in a district court for injunctive
1-57 relief to restrain the person from continuing the violation or
1-58 threat of violation.
1-59 (b) The department may petition a district court for a
1-60 temporary restraining order to immediately halt a violation or
1-61 other action creating an emergency condition if it appears that:
1-62 (1) a person is violating or threatening to violate
1-63 this chapter or a rule or order adopted under this chapter; and
1-64 (2) the violation or threatened violation creates an
2-1 immediate threat to the health and safety of the public.
2-2 (c) On the department's request, the attorney general shall
2-3 institute a suit in the name of the state for injunctive relief.
2-4 (d) In an action for injunctive relief under this section,
2-5 the court may grant any prohibitory or mandatory injunction
2-6 warranted by the facts, including temporary restraining orders,
2-7 temporary injunctions, and permanent injunctions. The court shall
2-8 grant injunctive relief without a bond or other undertaking by the
2-9 department.
2-10 (e) Venue for a suit brought under this section is in the
2-11 county in which the violation or threat of violation is alleged to
2-12 have occurred.
2-13 SECTION 2. (a) This Act takes effect September 1, 1999.
2-14 (b) The changes in law made by this Act apply only to a
2-15 violation that occurs on or after the effective date of this Act.
2-16 For the purposes of this section, a violation is committed before
2-17 the effective date of this Act if any element of the violation
2-18 occurs before that date. A violation that occurred before the
2-19 effective date of this Act is covered by the law in effect when the
2-20 violation occurred, and the former law is continued in effect for
2-21 that purpose.
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.
2-27 * * * * *