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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a home by food production and sales |
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operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.221, Health and Safety Code, is |
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amended by adding Subdivision (8) to read as follows: |
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(8) "Home" means a primary residence that contains a |
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kitchen and appliances designed for common residential usage. |
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SECTION 2. Subchapter J, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.228 to read as follows: |
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Sec. 431.228. PLACE OF BUSINESS IN HOME. A food |
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manufacturer, food wholesaler, or warehouse operator licensed |
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under this subchapter may operate out of a home. Department rules |
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may not require a place of business to be located in an area of the |
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home that is completely partitioned from the areas used as living or |
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sleeping quarters or in a building separate from the home. |
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SECTION 3. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.022 to read as follows: |
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Sec. 437.022. FACILITY WITHIN HOME. A food service |
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establishment or retail food store permitted under this subchapter |
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may operate out of a home. Department rules may not require the |
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premises of a food service establishment or retail food store to be |
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in an area of the home that is completely partitioned from the areas |
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used as living or sleeping quarters or in a building separate from |
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the home. |
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SECTION 4. The change in law made by this Act applies only |
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to the operation of a food manufacturer, food wholesaler, warehouse |
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operator, food service establishment, or retail food store on or |
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after January 1, 2014. The operation of a food manufacturer, food |
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wholesaler, warehouse operator, food service establishment, or |
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retail food store before January 1, 2014, is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |