By: Bohac, Bailey (Senate Sponsor - Ellis) H.B. No. 3138
         (In the Senate - Received from the House April 30, 2007;
  May 2, 2007, read first time and referred to Committee on
  Intergovernmental Relations; May 9, 2007, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 9, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority to operate a mobile food unit, roadside
  food vendor, or temporary food service establishment in certain
  counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 437.009, Health and Safety Code, is
  amended to read as follows:
         Sec. 437.009.  INSPECTIONS.  Authorized agents or employees
  of the department, a county, or a public health district may enter
  the premises of a food service establishment, retail food store,
  mobile food unit, roadside food vendor, or temporary food service
  establishment under the department's, county's, or district's
  jurisdiction during normal operating hours to conduct inspections
  to determine compliance with:
               (1)  state law, including a requirement to hold and
  display written authorization under Section 437.021;
               (2)  rules adopted under state law;[,] and
               (3)  orders adopted by the department, county, or
  district.
         SECTION 2.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.021 to read as follows:
         Sec. 437.021.  AUTHORITY TO OPERATE ON CERTAIN PROPERTY. A
  person operating a mobile food unit, roadside food vendor, or
  temporary food service establishment in a county with a population
  of more than 3.3 million shall acquire written authorization from
  the owner of the property on which the unit, vendor, or
  establishment is operating. The written authorization must:
               (1)  be notarized;
               (2)  provide that the operator has the property owner's
  permission to operate the unit, vendor, or establishment on the
  property; and
               (3)  be prominently displayed in the unit, vendor, or
  establishment in plain view of the public at all times.
         SECTION 3.  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, 2007.
 
  * * * * *