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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative penalties imposed by a public health |
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district or a county for violations of health and safety provisions |
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relating to retail food service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.0185 and 437.0186 to read as follows: |
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Sec. 437.0185. ADMINISTRATIVE PENALTY BY PUBLIC HEALTH |
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DISTRICT OR COUNTY. (a) The director of a public health district |
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or the commissioners court of a county may impose an administrative |
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penalty on a person the district or county requires to hold a permit |
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under Section 437.003 or 437.004 if the person violates this |
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chapter or a rule or order adopted under this chapter. |
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(b) The amount of the penalty may not exceed $500 per day, |
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and each day a violation continues or occurs is a separate violation |
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for the purpose of imposing a penalty. The amount shall be based |
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on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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(4) efforts to correct the violation; and |
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(5) any other matter that justice may require. |
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(c) The enforcement of the penalty may be stayed during the |
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time the order is under judicial review if the person pays the |
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penalty to the clerk of the court. A person who cannot afford to pay |
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the penalty may stay the enforcement by filing an affidavit in the |
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manner required by the Texas Rules of Civil Procedure for a party |
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who cannot afford to file security for costs. |
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(d) Not later than the 20th day after the date the person |
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receives notice of the penalty, the person in writing may: |
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(1) accept the determination and pay the recommended |
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penalty of the director or commissioners court; or |
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(2) make a request for a hearing on the occurrence of |
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the violation, the amount of the penalty, or both. |
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(e) The justice of the peace for the justice precinct in |
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which the retail food store or food establishment is located or the |
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mobile food establishment or roadside food vendor is based shall |
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hold a hearing requested under Subsection (d). |
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(f) If the court sustains the finding that a violation |
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occurred, the court may uphold or reduce the amount of the penalty |
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and order the person to pay the full or reduced amount of the |
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penalty. |
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(g) If the court does not sustain the finding that a |
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violation occurred, the court shall order that a penalty is not |
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owed. |
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(h) If the person paid the penalty to the clerk of the court |
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and if the amount of the penalty is reduced or the penalty is not |
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upheld by the court, the court shall order, when the court's |
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judgment becomes final, that the appropriate amount be remitted to |
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the person. |
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Sec. 437.0186. ASSESSMENT OF ADMINISTRATIVE PENALTY. An |
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administrative penalty may be imposed for a violation of this |
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chapter or a rule or order under this chapter by the state under |
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Section 437.018 or by the director of a public health district or |
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commissioners court of a county under Section 437.0185, but not |
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both. |
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SECTION 2. Section 437.0185, Health and Safety Code, as |
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added by this Act, applies only to a violation of Chapter 437, |
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Health and Safety Code, or a rule or order adopted under that |
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chapter, that occurs on or after the effective date of this Act. A |
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violation that occurs before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |