78R980 YDB-D


By:  Dawson                                                       H.B. No. 2349



A BILL TO BE ENTITLED

AN ACT

relating to regulation of frozen dessert products and 
manufacturing.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 431, Health and Safety 
Code, is amended by adding Section 431.009 to read as follows:
	Sec. 431.009.  APPLICABILITY OF CHAPTER TO FROZEN DESSERTS.  
(a)  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.  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)  Except as provided by Subsection (c), this chapter 
applies to the conduct of a person licensed under Chapter 440.
	(c)  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.  Section 431.2211, Health and Safety Code, is 
amended by adding Subsection (a-1) to read as follows:
	(a-1)  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.  Subchapter A, Chapter 440, Health and Safety 
Code, is amended by adding Section 440.007 to read as follows:
	Sec. 440.007.  APPLICABILITY OF OTHER LAW.  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.  Subchapter B, Chapter 440, Health and Safety 
Code, is amended by adding Section 440.017 to read as follows:
	Sec. 440.017.  REFUSAL TO GRANT LICENSE; SUSPENSION OR 
REVOCATION OF LICENSE.  In accordance with rules adopted under 
Section 440.006, the commissioner may refuse an application for a 
license under this chapter or may suspend or revoke a license issued 
under this chapter.
	SECTION 5.  Section 440.031, Health and Safety Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  The inspection procedures provided by this section are 
in addition to the procedures provided by Chapter 431.
	SECTION 6.  Section 440.032(c), Health and Safety Code, is 
amended to read as follows:
	(c)  The penalty prescribed by this section is in addition to 
any civil or administrative penalty or sanction otherwise imposed 
under Chapter 431 or other [by] law.
	SECTION 7.  This Act takes effect September 1, 2003.