| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notification by certain state agencies of the |
|
|
implementation or enforcement of the Federal Food, Drug, and |
|
|
Cosmetic Act. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter K, Chapter 431, Health and Safety |
|
|
Code, is amended by adding Section 431.250 to read as follows: |
|
|
Sec. 431.250. NOTIFICATION OF IMPLEMENTATION OR |
|
|
ENFORCEMENT OF FEDERAL ACT. Before the department or the |
|
|
Department of Agriculture may enter into an agreement, memorandum |
|
|
of understanding, or contract with a federal agency to implement or |
|
|
enforce a provision of the federal Act, the affected department |
|
|
shall: |
|
|
(1) publish the proposed agreement, memorandum, or |
|
|
contract in the Texas Register; |
|
|
(2) allow at least 90 days for the public to submit |
|
|
comments after publication; |
|
|
(3) consult with and provide a copy of the submitted |
|
|
public comments to the presiding officers of the standing |
|
|
committees of the senate and house of representatives having |
|
|
primary jurisdiction over food safety regulations; and |
|
|
(4) publish a final notice in the Texas Register that |
|
|
includes: |
|
|
(A) a summary of the public comments and |
|
|
consultation with the presiding officers; |
|
|
(B) a determination on whether the affected |
|
|
department will enter into the proposed agreement, memorandum, or |
|
|
contract; and |
|
|
(C) any changes made as a result of the public |
|
|
comments or consultation with the presiding officers. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an agreement, memorandum of understanding, or contract entered |
|
|
into on or after the effective date of this Act. An agreement, |
|
|
memorandum, or contract entered into before the effective date of |
|
|
this Act is governed by the law in effect on the date the agreement, |
|
|
memorandum, or contract was entered into, and that law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |