81R10210 JSC-D
By: Bohac H.B. No. 1802
A BILL TO BE ENTITLED
AN ACT
relating to issuing medallions for mobile food units in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0073 to read as follows:
Sec. 437.0073. MEDALLION FOR MOBILE FOOD UNITS IN CERTAIN
POPULOUS MUNICIPALITIES. (a) This section applies only to a
municipality with a population of 1.5 million or more.
(b) Any person desiring to operate one or more mobile food
units in a municipality subject to this section other than
restricted operations mobile food units shall obtain an individual
medallion for each operating mobile food unit from the health
officer of the municipality. Each medallion will be issued
unit-by-unit only after an inspection reveals satisfactory
compliance with the provisions of this chapter and applicable
municipal regulations or ordinances relating to mobile food units.
The medallions shall remain the property of the department.
(c) A person may not operate or cause to be operated any
mobile food unit that does not possess a valid medallion issued by
the health officer.
(d) A medallion shall be affixed by the health officer or
the health officer's authorized agents on the mobile food unit in a
conspicuous place where it can be viewed by patrons.
(e) Application for a medallion shall be made on forms
provided by the health officer. The application must include:
(1) the applicant's full name and post office address;
(2) the address of the location at which the mobile
food unit is stationed when not in use;
(3) the business name and address of the commissary or
other fixed food service establishment from which potentially
hazardous food supplies are obtained;
(4) the address of the servicing area;
(5) a description of the mobile food unit that
includes the manufacturer's make, model, and serial number;
(6) the vehicle's state registration number; and
(7) the signature of the applicant.
(f) All of the provisions of this chapter and applicable
municipal regulations or ordinances pertaining to food service
establishments apply to the commissary or other fixed food service
establishment from which the food supplies are obtained. Any
suspension or revocation of the food dealer's permit for a food
service establishment is cause for suspension or revocation of the
medallion of any mobile food unit that is supplied or serviced by
the establishment.
SECTION 2. Notwithstanding Section 437.0073, Health and
Safety Code, as added by this Act, a person is not required to
obtain a medallion for a mobile food unit under that section before
October 1, 2009.
SECTION 3. 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, 2009.