SRC-LBB S.B. 1454 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1454
By: Carona
Business & Commerce
8/5/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Texas Department of Health (TDH) cannot prevent certain
damaged or misbranded frozen desserts from reaching consumers.  TDH lacks
authority to take any action when violations of the law occur and
voluntary corrective action is ineffective.  S.B. 1454 establishes
enforcement tools for TDH to utilize in regulating manufacturers and
distributors of frozen desserts. 

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 Subchapter A, Chapter 431, Health and Safety Code, by
adding Section 431.009, as follows: 

Sec. 431.009.  APPLICABILITY OF CHAPTER TO FROZEN DESSERTS.  (a) Provides
that this chapter applies to a frozen dessert, an imitation frozen
dessert, a product sold in semblance of a frozen dessert, or a mix for one
of those products subject to Chapter 440 (Frozen Desserts Manufacturer
Licensing Act).  Provides that a frozen dessert, an imitation frozen
dessert, a product sold in semblance of a frozen dessert, or a mix for one
of those products is food for purposes of this chapter. 

(b)  Provides that except as provided by Subsection (c), this chapter
applies to the conduct of a person licensed under Chapter 440. 

(c)  Provides that a person who holds a license under Chapter 440 related
to the manufacturing of a product regulated under that chapter and is
engaging in conduct within the scope of that license is not required to
hold a license as a food manufacturer or food wholesaler under Subchapter
J. 

SECTION 2.  Amends Section 431.2211, Health and Safety Code, by adding
Subsection (a-1), as follows: 

(a-1)  Provides that a person is not required to hold a license under this
subchapter if the person holds a license under Chapter 440 and is engaging
in conduct within the scope of that license. 

SECTION 3.  Amends Subchapter A, Chapter 440, Health and Safety Code, by
adding Section 440.007, as follows: 

Sec. 440.007.  APPLICABILITY OF OTHER LAW.  Provides that, except as
provided by Section 431.009(c), Chapter 431 applies to a person or product
regulated under this chapter, including a frozen dessert manufacturer, a
frozen dessert, an imitation frozen dessert, a product sold in semblance
of a frozen dessert, and a mix for one of those products. 

 SECTION 4.  Amends Subchapter B, Chapter 440, Health and Safety Code, by
adding Section 440.017, as follows: 

 Sec. 440.017.  REFUSAL TO GRANT LICENSE; SUSPENSION OR REVOCATION  OF
LICENSE.  Authorizes the commissioner of health to refuse an application
for a license under this chapter or suspend or revoke a license issued
under this chapter, in accordance with rules adopted under Section
440.006. 

SECTION 5.  Amends Section 440.031, Health and Safety Code, by adding
Subsection (c) to provide that the inspection procedures provided by this
section are in addition to the procedures provided by Chapter 431. 

SECTION 6.  Amends Section 440.032(c), Health and Safety Code, to provide
that the penalty prescribed by this section is in addition to any civil or
administrative penalty or sanction otherwise imposed under Chapter 431 or
other law. 

SECTION 7.  Effective date:  September 1, 2003.