1-1     By:  Gallegos                                         S.B. No. 1891
 1-2           (In the Senate - Filed April 29, 1999; April 30, 1999, read
 1-3     first time and referred to Committee on Health Services;
 1-4     May 10, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 3, Nays 2; May 10, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1891                   By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of ice cream pushcart vendors; providing
1-11     a criminal penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is
1-14     amended by adding Chapter 441 to read as follows:
1-15                  CHAPTER 441.  ICE CREAM PUSHCART VENDORS
1-16           Sec. 441.001.  DEFINITION.  In this chapter, "department"
1-17     means the Texas Department of Health.
1-18           Sec. 441.002.  APPLICATION OF LAW.  This chapter applies only
1-19     to an ice cream pushcart operated in an unincorporated area or in a
1-20     municipality that does not have an ordinance that:
1-21                 (1)  regulates the operation of ice cream pushcarts;
1-22     and
1-23                 (2)  is identical to or exceeds the minimum standards
1-24     adopted under this chapter.
1-25           Sec. 441.003.  CERTIFICATION OF ICE CREAM PUSHCART VENDORS.
1-26     (a)  An ice cream pushcart vendor may not furnish ice cream to the
1-27     public unless the ice cream pushcart vendor holds a certificate
1-28     issued under this chapter.  The holder of an ice cream pushcart
1-29     vendor certificate may operate more than one ice cream pushcart.
1-30           (b)  The certificate or a copy of the certificate must be
1-31     displayed on each ice cream pushcart operated by the vendor.
1-32           (c)  To obtain or renew an ice cream pushcart vendor
1-33     certificate, an applicant must:
1-34                 (1)  submit a signed certificate application to the
1-35     department on a form prescribed by the department;
1-36                 (2)  pay the department:
1-37                       (A)  a $200 application fee; and
1-38                       (B)  a $125 inspection fee for each ice cream
1-39     pushcart operated by the applicant; and
1-40                 (3)  comply with any rules adopted by the department.
1-41           Sec. 441.004.  RULES.  (a)  The department shall adopt rules
1-42     that are necessary to implement this chapter and that promote the
1-43     public health and safety.  The rules may include rules relating to:
1-44                 (1)  inspections;
1-45                 (2)  certificate suspension or revocation or other
1-46     disciplinary action; and
1-47                 (3)  certificate renewal.
1-48           (b)  A municipality with a population of 100,000 or more may
1-49     recommend rules to the department.
1-50           Sec. 441.005.  MUNICIPAL REGULATION.  A municipality may not
1-51     prohibit the operation of ice cream pushcarts in the municipality.
1-52     A municipality may not adopt an ordinance that conflicts with this
1-53     chapter.
1-54           Sec. 441.006.  CRIMINAL PENALTY.  (a)  A person commits an
1-55     offense if the person operates an ice cream pushcart without the
1-56     certificate required by this chapter.
1-57           (b)  An offense under this section is a Class C misdemeanor.
1-58           (c)  Each day on which a violation occurs constitutes a
1-59     separate offense.
1-60           SECTION 2.  (a)  Except as provided by Subsection (b) of this
1-61     section, this Act takes effect September 1, 1999.
1-62           (b)  Subsections (a) and (b), Section 441.003, and Section
1-63     441.006, Health and Safety Code, as added by this Act, take effect
1-64     January 1, 2000, except that in a municipality in which Chapter
 2-1     441, Health and Safety Code, as added by this Act, applies,
 2-2     Subsections (a) and (b), Section 441.003, and Section 441.006,
 2-3     Health and Safety Code, as added by this Act, take effect September
 2-4     1, 2001.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.
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