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A BILL TO BE ENTITLED
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AN ACT
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relating to a limitation on commercial kitchen requirements for |
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food fundraisers held by a religious institution or nonprofit |
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organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 438, Health and Safety Code, is amended |
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by adding Subchapter Z to read as follows: |
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SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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Sec. 438.901. LIMITATION ON COMMERCIAL KITCHEN |
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REQUIREMENTS FOR FOOD FUNDRAISING ACTIVITY OF RELIGIOUS |
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INSTITUTION OR NONPROFIT ORGANIZATION. (a) In this section: |
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(1) "Nonprofit organization" means an organization |
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exempt from federal income tax under Section 501(a), Internal |
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Revenue Code of 1986, as an organization described by Section |
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501(c)(3) of that code. |
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(2) "Religious institution" means a religious |
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institution that is exempt from federal income tax under Section |
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501(a), Internal Revenue Code of 1986, as an organization described |
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by Section 501(c)(3) of that code. |
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(b) Notwithstanding any other law, this state or a political |
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subdivision of this state may not require a religious institution |
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or nonprofit organization to prepare in a commercial kitchen or in a |
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facility that is equipped with commercial kitchen equipment food |
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the institution or organization sells at an event held to raise |
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money for the institution or organization. |
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(c) This section may not be construed to affect any other |
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requirement for food preparation that is applicable to a religious |
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institution or nonprofit organization. |
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SECTION 2. 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, 2023. |