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.
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