BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 247

79R2340 MSE-F                                                                                                     By: West, Royce

                                                                                                               Health and Human Services

4/7/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

As proposed, S.B. 247 provides an exemption for certain municipally owned farmer's markets, in cities with populations of one million or greater, allowing 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.  EXEMPTION FOR CERTAIN MUNICIPALLY OWNED FARMERS' MARKETS.  Provides that this chapter does not regulate the provision of samples of produce to consumers at a municipally owned farmers' market in a municipality of one million persons or more.  Prohibits a rule adopted under state law from regulating the provision of produce samples to consumers at a municipally owned farmers' market in a municipality of one million or more persons. 

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