SRC-TJG S.B. 1826 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1826
By: Van de Putte
Health & Human Services
6/6/2003
Enrolled


DIGEST AND PURPOSE 

Current law allows the Texas Department of Health to detain a product that
cannot be documented as coming through legitimate avenues of commerce.
S.B. 1826 makes the unlicensed "relabeling" of infant formula a violation
of the Health and Safety Code.  This bill also makes it an offense to make
a false statement or false representation in a license application under
this Act, or in other instruments such as a report or statement to be
filed with certain entities.  A first offense under this Act is a Class A
misdemeanor and a subsequent offense is a state jail felony.   

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 Subdivision (23), Section 431.002, Health and Safety
Code, to redefine "manufacture."  Makes nonsubstantive changes. 

SECTION 2.  Amends Section 431.021, Health and Safety Code, to include
making a false statement or false representation in an application for a
license or in a statement, report, or other instrument to be filed with
the Texas Board of Health, the commissioner of health, or the Texas
Department of Health under this chapter in the list of certain prohibited
acts and the causing of certain acts within this state that are unlawful
and prohibited.  Makes a nonsubstantive change. 

SECTION 3.  Amends Section 431.059(a), Health and Safety Code, to provide
that a first offense, rather than an offense, under this subsection is a
Class A misdemeanor unless it is shown on the trial of an offense under
this subsection that the defendant was previously convicted of an offense
under this subsection, in which event the offense is a state jail felony. 

SECTION 4.  Effective date: September 1, 2003.

SECTION 5.   Makes application of this Act prospective.