By: Gallegos S.B. No. 1891
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of ice cream pushcart vendors; providing
1-2 a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
1-5 amended by adding Chapter 441 to read as follows:
1-6 CHAPTER 441. ICE CREAM PUSHCART VENDORS
1-7 Sec. 441.001. DEFINITION. In this chapter, "department"
1-8 means the Texas Department of Health.
1-9 Sec. 441.002. CERTIFICATION OF ICE CREAM PUSHCART VENDORS.
1-10 (a) An ice cream pushcart vendor may not furnish ice cream to the
1-11 public unless the ice cream pushcart vendor holds a certificate
1-12 issued under this chapter. The holder of an ice cream pushcart
1-13 vendor certificate may operate more than one ice cream pushcart.
1-14 (b) The certificate or a copy of the certificate must be
1-15 displayed on each ice cream pushcart operated by the vendor.
1-16 (c) To obtain or renew an ice cream pushcart 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:
1-21 (A) a $200 application fee; and
1-22 (B) a $125 inspection fee for each ice cream
2-1 pushcart operated by the applicant; and
2-2 (3) comply with any rules adopted by the department.
2-3 Sec. 441.003. RULES. (a) The department shall adopt rules
2-4 that are necessary to implement this chapter and that promote the
2-5 public health and safety. The rules may include rules relating to:
2-6 (1) inspections;
2-7 (2) certificate suspension, revocation, or other
2-8 disciplinary action; and
2-9 (3) certificate renewal.
2-10 (b) A municipality with a population of 100,000 or more may
2-11 recommend rules to the department.
2-12 Sec. 441.004. MUNICIPAL REGULATION. A certificate issued
2-13 under this chapter supersedes a license required or issued by a
2-14 municipality or other political subdivision of this state, and a
2-15 certificate holder may not be required to hold a license issued by
2-16 a municipality or other political subdivision of this state to
2-17 operate an ice cream pushcart in the municipality or political
2-18 subdivision.
2-19 Sec. 441.005. CRIMINAL PENALTY. (a) A person commits an
2-20 offense if the person operates an ice cream pushcart without the
2-21 certificate required by this chapter.
2-22 (b) An offense under this section is a Class C misdemeanor.
2-23 (c) Each day on which a violation occurs constitutes a
2-24 separate offense.
2-25 SECTION 2. (a) Except as provided by Subsection (b) of this
2-26 section, this Act takes effect September 1, 1999.
3-1 (b) Sections 441.002(a) and (b) and 441.005, Health and
3-2 Safety Code, as added by this Act, take effect January 1, 2000.
3-3 (c) On the effective date of this Act, a municipal license
3-4 to operate an ice cream pushcart is void.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.