| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of certain direct sales of food to |
|
|
consumers and a limitation on the fee amount for certain permits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 437.0065, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD |
|
|
PRODUCERS. (a) In this section, "farmers' market" and "food |
|
|
producer" have [has] the meanings [meaning] assigned by Section |
|
|
437.020. |
|
|
(b) This section applies only to a permit issued under this |
|
|
chapter to: |
|
|
(1) a farmer for the sale of food directly to consumers |
|
|
at a farmers' market, a farm stand, or the farmer's farm; and |
|
|
(2) a food producer, other than a farmer, for the sale |
|
|
of food directly to consumers [an individual who prepares food for |
|
|
sale] at a farmers' market. |
|
|
(c) A permit issued under Section 437.003, 437.004, |
|
|
437.0055, or 437.0201 to a person described by Subsection (b): |
|
|
(1) must be valid for a term of not less than one year; |
|
|
(2) may impose an annual fee in an amount not to exceed |
|
|
$100 for the issuance or renewal; and |
|
|
(3) must cover sales at all locations the permit |
|
|
holder is authorized to sell food under Subsection (b), including |
|
|
farmers' markets, farm stands, and farms [locations] within the |
|
|
jurisdiction of the permitting authority. |
|
|
(d) A farmer or food producer who is charged an annual fee in |
|
|
an amount that exceeds the amount authorized by Subsection (c)(2) |
|
|
or whose permit does not otherwise comply with this section may |
|
|
bring an action against the governmental entity that charged the |
|
|
fee or issued the permit to recover: |
|
|
(1) the amount the farmer or food producer was charged |
|
|
in excess of the annual fee authorized by Subsection (c)(2); and |
|
|
(2) reasonable and necessary attorney's fees incurred |
|
|
in bringing the action. |
|
|
(e) Sovereign and governmental immunity of a governmental |
|
|
entity to suit and from liability is waived to the extent of |
|
|
liability created by this section. |
|
|
SECTION 2. Section 437.020(a), Health and Safety Code, is |
|
|
amended by amending Subdivision (1) and adding Subdivision (3) to |
|
|
read as follows: |
|
|
(1) "Farmers' market" means a designated location used |
|
|
for a recurring event at which a majority of the vendors are |
|
|
[primarily for the distribution and sale directly to consumers of |
|
|
food by] farmers or other food producers who sell food directly to |
|
|
consumers. |
|
|
(3) "Food producer" means a person who grew, raised, |
|
|
processed, prepared, manufactured, or otherwise added value to the |
|
|
food product the person is selling. |
|
|
SECTION 3. (a) The change in law made by this Act applies |
|
|
only to an original or renewal permit issued on or after the |
|
|
effective date of this Act. A permit issued before the effective |
|
|
date of this Act is covered by the law in effect when the permit was |
|
|
issued, and the former law is continued in effect for that purpose. |
|
|
(b) Sections 437.0065(d) and (e), Health and Safety Code, as |
|
|
added by this Act, apply only to a cause of action that accrues on or |
|
|
after the effective date of this Act. |
|
|
SECTION 4. 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. |