79R2340 MSE-F

By:  West                                                         S.B. No. 247



A BILL TO BE ENTITLED

AN ACT

relating to permitting samples of produce at certain municipally 
owned farmers' markets.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 437, Health and Safety Code, is amended 
by adding Section 437.020 to read as follows:
	Sec. 437.020.  EXEMPTION FOR CERTAIN MUNICIPALLY OWNED 
FARMERS' MARKETS.  This chapter does not regulate the provision of 
samples of produce to consumers at a municipally owned farmers' 
market in a municipality with a population of one million or more.  
A rule adopted under state law may not regulate the provision of 
samples of produce to consumers at a municipally owned farmers' 
market in a municipality with a population of one million or more.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.