SRC-AMY S.B. 381 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 381
78R1459 JRD-FBy: Armbrister
Business & Commerce
4/8/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law dictates that the sale of food for immediate
consumption in a restaurant does not require the restaurant to obtain a
manufacturer or wholesaler license.  This does not apply to food prepared
by retail restaurants for immediate consumption by a political
subdivision. As proposed, S.B. 381 exempts from food wholesaler and
manufacturer licensing requirements a restaurant that provides food for
immediate consumption by a political subdivision or nonprofit organization
if it would not otherwise be required to hold such a license. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.221, Health and Safety Code, by amending
Subdivisions (2) and (3) and adding Subdivision (6), as follows: 

(2) Redefines "food manufacturer."

(3) Redefines "food wholesaler." Makes nonsubstantive changes.

(6) Defines "nonprofit organization."

SECTION 2.  Amends Section 431.2211(a), Health and Safety Code, to exempt
from the requirement to hold a license under this subchapter, a restaurant
that provides food for immediate consumption to a political subdivision or
nonprofit organization if the restaurant would not otherwise be required
to hold a license under this subchapter. 

SECTION 3.  Effective date: upon passage or September 1, 2003.