Texas 2009 - 81st Regular

Texas House Bill HB1802 Compare Versions

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1	1	H.B. No. 1802
2	2
3	3
4	4	AN ACT
5	5	relating to mobile food units in certain municipalities.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 437, Health and Safety Code, is amended
8	8	by adding Section 437.0073 to read as follows:
9	9	Sec. 437.0073. MEDALLION FOR MOBILE FOOD UNITS IN CERTAIN
10	10	POPULOUS MUNICIPALITIES. (a) This section applies only to a
11	11	municipality with a population of 1.5 million or more.
12	12	(b) Any person desiring to operate one or more mobile food
13	13	units in a municipality subject to this section other than
14	14	restricted operations mobile food units shall obtain an individual
15	15	medallion for each operating mobile food unit from the health
16	16	officer of the municipality. Each medallion will be issued
17	17	unit-by-unit only after an inspection reveals satisfactory
18	18	compliance with the provisions of this chapter and applicable
19	19	municipal regulations or ordinances relating to mobile food units.
20	20	The medallions shall remain the property of the municipality.
21	21	(c) A person may not operate or cause to be operated any
22	22	mobile food unit that does not possess a valid medallion issued by
23	23	the health officer.
24	24	(d) A medallion shall be affixed by the health officer or
25	25	the health officer's authorized agents on the mobile food unit in a
26	26	conspicuous place where it can be viewed by patrons.
27	27	(e) Application for a medallion shall be made on forms
28	28	provided by the health officer and must include:
29	29	(1) the applicant's full name and mailing address;
30	30	(2) the address of the location at which the mobile
31	31	food unit is stationed when not in use;
32	32	(3) the business name and address of the commissary or
33	33	other fixed food service establishment from which potentially
34	34	hazardous food supplies are obtained;
35	35	(4) the address of the servicing area;
36	36	(5) a description of the mobile food unit that
37	37	includes the manufacturer's make, model, and serial number;
38	38	(6) the vehicle's state registration number; and
39	39	(7) the signature of the applicant.
40	40	(f) All of the provisions of this chapter and applicable
41	41	municipal regulations or ordinances pertaining to food service
42	42	establishments apply to the commissary or other fixed food service
43	43	establishment from which the food supplies are obtained. Any
44	44	suspension or revocation of the food dealer's permit for a food
45	45	service establishment is cause for suspension or revocation of the
46	46	medallion of any mobile food unit that is supplied or serviced by
47	47	the establishment.
48	48	SECTION 2. Section 437.0074, Health and Safety Code, is
49	49	amended by adding Subsection (c) to read as follows:
50	50	(c) A municipality with a population of 1.5 million or more
51	51	in a county with a population of 2.8 million or more shall require a
52	52	mobile food unit, other than a mobile food unit that handles only
53	53	prepackaged food and does not prepare or package food, to obtain a
54	54	time and date stamp on the documentation required under Subsection
55	55	(a)(2) from a time and date stamp unit that is constructed to
56	56	prevent tampering and approved by the municipality's governing
57	57	body. A record kept by the municipality regarding the time and date
58	58	stamp on the documentation under Subsection (a)(2) by means of an
59	59	electronic tagging system under Subsection (b) controls if that
60	60	record is inconsistent with the record kept by the mobile food unit.
61	61	SECTION 3. (a) Notwithstanding Section 437.0073, Health
62	62	and Safety Code, as added by this Act, a person is not required to
63	63	obtain a medallion for a mobile food unit under that section before
64	64	October 1, 2009.
65	65	(b) Not later than December 1, 2009, the governing body of a
66	66	municipality to which this Act applies shall approve time and date
67	67	stamp units to be used under Section 437.0074(c), Health and Safety
68	68	Code, as added by this Act.
69	69	SECTION 4. (a) Except as provided by Subsection (b) of this
70	70	section, this Act takes effect immediately if it receives a vote of
71	71	two-thirds of all the members elected to each house, as provided by
72	72	Section 39, Article III, Texas Constitution. If this Act does not
73	73	receive the vote necessary for immediate effect, this Act takes
74	74	effect September 1, 2009.
75	75	(b) Section 2 of this Act takes effect January 1, 2010.
76	76	______________________________ ______________________________
77	77	President of the Senate Speaker of the House
78	78	I certify that H.B. No. 1802 was passed by the House on April
79	79	15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
80	80	voting.
81	81	______________________________
82	82	Chief Clerk of the House
83	83	I certify that H.B. No. 1802 was passed by the Senate on May
84	84	20, 2009, by the following vote: Yeas 29, Nays 0.
85	85	______________________________
86	86	Secretary of the Senate
87	87	APPROVED: _____________________
88	88	Date
89	89	_____________________
90	90	Governor