87R16092 KKR-D
 
  By: Parker, Geren, Cain, Allison, et al. H.B. No. 1276
 
  Substitute the following for H.B. No. 1276:
 
  By:  Klick C.S.H.B. No. 1276
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale of certain food by food service
  establishments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.026 to read as follows:
         Sec. 437.026.  SALE OF CERTAIN FOOD BY FOOD SERVICE
  ESTABLISHMENT. (a) Except as provided by Subsection (b), a food
  service establishment that holds a permit under this chapter may
  sell directly to an individual consumer food, other than prepared
  food, that:
               (1)  is labeled, which may include a handwritten label,
  with any information required by the department's food service
  establishment rules;
               (2)  for a meat product or poultry product, is obtained
  from a source that is appropriately inspected and bears an official
  mark of inspection from the department or the United States
  Department of Agriculture; and
               (3)  for food requiring refrigeration other than whole,
  uncut produce, is:
                     (A)  maintained at or below 41 degrees Fahrenheit
  until the establishment sells or donates the food; and
                     (B)  protected from contamination.
         (b)  A food service establishment described by Subsection
  (a) may not sell directly to an individual consumer food that is:
               (1)  in a package exhibiting damage; or
               (2)  distressed because the food:
                     (A)  has been subjected to fire, flooding,
  excessive heat, smoke, radiation, or another environmental
  contamination;
                     (B)  is not held at the correct temperature for
  the food type; or
                     (C)  is not in good condition.
         (c)  A municipality or public health district may not require
  a food service establishment that sells food directly to an
  individual consumer under this section to obtain a food
  manufacturer license or permit if the establishment:
               (1)  complies with this section; and
               (2)  is not required to hold a food manufacturer
  license or permit under other state law.
         SECTION 2.  Section 431.2211(a), 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 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:
                     (A)  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; or
                     (B)  sells food directly to an individual consumer
  if:
                           (i)  the restaurant holds a permit as a food
  service establishment under Chapter 437;
                           (ii)  the restaurant complies with Section
  437.026; and
                           (iii)  the restaurant is not otherwise
  required to hold a license under this subchapter.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules to implement the changes in
  law made by this Act.
         SECTION 4.  The changes in law made by this Act apply only to
  the sale of food by a food service establishment that occurs on or
  after the effective date of this Act. The sale of food by a food
  service establishment that occurs before the effective date of this
  Act is governed by the law in effect on the date the sale occurred,
  and the former law is continued in effect for that purpose.
         SECTION 5.  Section 431.2211(a), Health and Safety Code, as
  amended by this Act, applies only to a license issued or renewed on
  or after the effective date of this Act.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.