S.B. 1826 78(R)    BILL ANALYSIS


S.B. 1826
By: Van de Putte
Public Health
Committee Report (Unamended)
     


BACKGROUND 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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

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

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. 

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. 

Makes application of this Act prospective.

EFFECTIVE DATE
September 1, 2003.