By: Nelson S.B. No. 1329
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation of certain license holders to control
  food-borne illnesses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.085 to read as follows:
         Sec. 431.085.  REPORTABLE PATHOGENS AND REQUIRED TESTING.  
  (a)  In this section:
               (1)  "Food manufacturer" and "food wholesaler" have the
  meanings assigned by Section 431.221.
               (2)  "Public health disaster" has the meaning assigned
  by Section 81.003.
         (b)  The executive commissioner of the Health and Human
  Services Commission, by rule, may require a food manufacturer or
  food wholesaler to test products specified by the department for
  pathogenic microorganisms or toxins injurious to human health.
         (c)  A food manufacturer or food wholesaler in this state
  shall report test results of products that test positive for
  pathogenic microorganisms or toxins injurious to human health as
  provided by department rule.
         (d)  The department shall maintain and revise as necessary
  the list of reportable food-borne pathogenic microorganisms or
  toxins. The list must include salmonella.
         (e)  In a public health disaster, the commissioner may
  require testing for or reports of food-borne pathogenic
  microorganisms or toxins from providers without a department rule
  or other action.  The commissioner shall issue appropriate
  instructions relating to complying with the testing and reporting
  requirements of this section.
         SECTION 2.  Subsection (a), Section 431.2211, Health and
  Safety Code, is amended to read as follows:
         (a)  A person is not required to hold a license under this
  subchapter if the person is:
               (1)  a person, firm, or corporation that only harvests,
  packages, or washes[, or ships] raw fruits or vegetables for
  shipment at the location of harvest;
               (2)  an individual who only sells prepackaged
  nonperishable foods, including dietary supplements, from a private
  home as a direct seller;
               (3)  a person who holds a license under Chapter 432 and
  who only engages in conduct within the scope of that license; or
               (4)  a restaurant that provides food for immediate
  human consumption to a political subdivision or to a licensed
  nonprofit organization if the restaurant would not otherwise be
  required to hold a license under this subchapter.
         SECTION 3.  A person is not required to perform tests or
  report the results of tests performed under Section 431.085, Health
  and Safety Code, as added by this Act, before January 1, 2010.
         SECTION 4.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2009.
         (b)  Section 2 of this Act takes effect September 1, 2010.