BILL ANALYSIS

Senate Research Center                                                                                                       H.B. 894

                                                                                                          By: Hodge et al. (West, Royce)

Health & Human Services

4/29/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

H.B. 247 provides an exemption for certain municipally owned farmer's markets, in cities with populations of one million or greater, to allow sampling of produce.  Farmers bringing their produce to municipally owned markets may gain an advantage if they are able to give samples of their produce to potential buyers.

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 Chapter 437, Health and Safety Code, by adding Section 437.020, as follows:

Sec. 437.020.  PRODUCE SAMPLES AT MUNICIPALLY OWNED FARMERS' MARKETS.  (a)  Provides that except as provided by Subsection (b), this chapter does not regulate the provision of samples of produce to consumers at a municipally owned farmers' market and prohibits a rule adopted under state law from regulating the provision of samples of produce to consumers at a municipally owned farmers' market.

(b)  Authorizes produce samples to be distributed at a municipally owned farmers' market only if certain sanitary conditions exist.

SECTION 2.  Effective date:  upon passage or September 1, 2005.