BILL ANALYSIS

 

 

Senate Research Center

S.B. 587

88R4395 KKR-D

By: Hughes

 

Health & Human Services

 

3/27/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many religious organizations and nonprofits rely on local fundraising events to stay active and serve their communities. These events, at times, take the form of a potluck or community meal to aid in raising funds. Some health inspectors have taken steps to shut down these events due to the religious organization or nonprofit not having a commercial kitchen.

 

S.B. 587 allows these religious organizations and nonprofits to raise funds for their organization without the bureaucratic barrier of the commercial kitchen requirement.

 

As proposed, S.B. 587 amends current law relating to a limitation on commercial kitchen requirements for food fundraisers held by a religious institution or nonprofit organization.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 438, Health and Safety Code, by adding Subchapter Z, as follows:

 

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

 

Sec. 438.901. LIMITATION ON COMMERCIAL KITCHEN REQUIREMENTS FOR FOOD FUNDRAISING ACTIVITY OF RELIGIOUS INSTITUTION OR NONPROFIT ORGANIZATION. (a) Defines "nonprofit organization" and "religious institution."

 

(b) Prohibits this state or a political subdivision of this state, notwithstanding any other law, from requiring a religious institution or nonprofit organization to prepare in a commercial kitchen or in a facility that is equipped with commercial kitchen equipment food the institution or organization sells at an event held to raise money for the institution or organization.

 

(c) Prohibits this section from being construed to affect any other requirement for food preparation that is applicable to a religious institution or nonprofit organization.

 

SECTION 2. Effective date: upon passage or September 1, 2023.