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. 2-10 * * * * *