TO: | Honorable Dianne White Delisi, Chair, House Committee on Public Health |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB1585 by King, Susan (Relating to administrative penalties imposed by a public health district or a county for violations of health and safety provisions relating to retail food service.), Committee Report 1st House, Substituted |
The bill would create Sections 437.0185 and 437.0186, Health and Safety Code, to authorize the director of a public health district or the commissioners court of a county to impose an administrative penalty on a person the district or county requires to hold a permit under Section 437.003 or Section 437.004, Health and Safety Code, if the person violates rules or orders under Chapter 437. The penalty could not exceed $500 per violation. Each day the violation continues would be considered a separate violation. An administrative penalty could be imposed by either the state under Section 437.018 or by the public health district or the county under Section 437.0185, but not both.
The bill would establish the procedures that must be followed for imposing a penalty, for the appeal of the penalty, and for requirements following a court's determination regarding the penalty. An appeal would be held in the justice of the peace court for the justice precinct in which the retail food store or food establishment is located or the mobile food establishment or roadside food vendor is based.
The bill would take effect September 1, 2007 and would apply only to a violation that occurs on or after that date.
Source Agencies: |
LBB Staff: | JOB, CL, DB
|