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A BILL TO BE ENTITLED
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AN ACT
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relating to mobile food units in certain municipalities. |
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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 Section 437.0073 to read as follows: |
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Sec. 437.0073. MEDALLION FOR MOBILE FOOD UNITS IN CERTAIN |
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POPULOUS MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of 1.5 million or more. |
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(b) Any person desiring to operate one or more mobile food |
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units in a municipality subject to this section other than |
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restricted operations mobile food units shall obtain an individual |
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medallion for each operating mobile food unit from the health |
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officer of the municipality. Each medallion will be issued |
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unit-by-unit only after an inspection reveals satisfactory |
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compliance with the provisions of this chapter and applicable |
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municipal regulations or ordinances relating to mobile food units. |
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The medallions shall remain the property of the municipality. |
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(c) A person may not operate or cause to be operated any |
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mobile food unit that does not possess a valid medallion issued by |
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the health officer. |
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(d) A medallion shall be affixed by the health officer or |
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the health officer's authorized agents on the mobile food unit in a |
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conspicuous place where it can be viewed by patrons. |
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(e) Application for a medallion shall be made on forms |
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provided by the health officer and must include: |
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(1) the applicant's full name and mailing address; |
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(2) the address of the location at which the mobile |
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food unit is stationed when not in use; |
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(3) the business name and address of the commissary or |
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other fixed food service establishment from which potentially |
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hazardous food supplies are obtained; |
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(4) the address of the servicing area; |
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(5) a description of the mobile food unit that |
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includes the manufacturer's make, model, and serial number; |
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(6) the vehicle's state registration number; and |
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(7) the signature of the applicant. |
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(f) All of the provisions of this chapter and applicable |
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municipal regulations or ordinances pertaining to food service |
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establishments apply to the commissary or other fixed food service |
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establishment from which the food supplies are obtained. Any |
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suspension or revocation of the food dealer's permit for a food |
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service establishment is cause for suspension or revocation of the |
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medallion of any mobile food unit that is supplied or serviced by |
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the establishment. |
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SECTION 2. Section 437.0074, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A municipality with a population of 1.5 million or more |
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in a county with a population of 2.8 million or more shall require a |
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mobile food unit, other than a mobile food unit that handles only |
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prepackaged food and does not prepare or package food, to obtain a |
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time and date stamp on the documentation required under Subsection |
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(a)(2) from a time and date stamp unit that is constructed to |
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prevent tampering and approved by the municipality's governing |
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body. A record kept by the municipality regarding the time and date |
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stamp on the documentation under Subsection (a)(2) by means of an |
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electronic tagging system under Subsection (b) controls if that |
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record is inconsistent with the record kept by the mobile food unit. |
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SECTION 3. (a) Notwithstanding Section 437.0073, Health |
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and Safety Code, as added by this Act, a person is not required to |
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obtain a medallion for a mobile food unit under that section before |
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October 1, 2009. |
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(b) Not later than December 1, 2009, the governing body of a |
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municipality to which this Act applies shall approve time and date |
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stamp units to be used under Section 437.0074(c), Health and Safety |
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Code, as added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2009. |
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(b) Section 2 of this Act takes effect January 1, 2010. |
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* * * * * |