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.