81R10763 JSC-F
By: Nelson S.B. No. 1329
A BILL TO BE ENTITLED
AN ACT
relating to control of food-borne illnesses and microorganisms that
cause food-borne illnesses or are otherwise injurious to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.003, Health and Safety Code, is
amended by adding Subdivision (4-a) to read as follows:
(4-a) "Microbiological isolate" means any
microorganism that is the cause of an outbreak of a communicable
disease that may be isolated from a specimen, including:
(A) bacteria;
(B) a virus; or
(C) a parasite.
SECTION 2. Section 81.044, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The executive commissioner of the Health and Human
Services Commission, by rule, may require the submission of
microbiological isolates or laboratory specimens.
SECTION 3. Section 81.061(c), Health and Safety Code, is
amended to read as follows:
(c) The department may investigate the existence of
communicable disease in the state to determine the nature and
extent of the disease and to formulate and evaluate the control
measures used to protect the public health. A person shall provide
records, microbiological isolates, and other information to the
department on request according to the department's written
instructions.
SECTION 4. Section 81.062(a), Health and Safety Code, is
amended to read as follows:
(a) For the purpose of an investigation under Section
81.061(c), the department may administer oaths, summon witnesses,
and compel the attendance of a witness or the production of a
document or microbiological isolate. The department may request
the assistance of a county or district court to compel the
attendance of a summoned witness or the production of a requested
document or microbiological isolate at a hearing.
SECTION 5. Subchapter D, Chapter 431, Health and Safety
Code, is amended by adding Section 431.085 to read as follows:
Sec. 431.085. REPORTABLE PATHOGENS AND REQUIRED TESTING.
(a) In this section:
(1) "Food manufacturer" and "food wholesaler" have the
meanings assigned by Section 431.221.
(2) "Public health disaster" has the meaning assigned
by Section 81.003.
(b) The department, by rule, may require a food manufacturer
or food wholesaler to test products specified by department rule
for pathogenic microorganisms or toxins injurious to human health.
(c) A food manufacturer or food wholesaler in this state
shall report test results of products that test positive for
pathogenic microorganisms or toxins injurious to human health as
provided by department rule.
(d) The department shall maintain and revise as necessary
the list of reportable food-borne pathogenic microorganisms or
toxins. The list must include salmonella.
(e) In a public health disaster, the commissioner may
require testing for or reports of food-borne pathogenic
microorganisms or toxins from providers without a department rule
or action. The commissioner shall issue appropriate instructions
relating to complying with the testing and reporting requirements
of this section.
SECTION 6. Section 431.2211(a), Health and Safety Code, is
amended to read as follows:
(a) A person is not required to hold a license under this
subchapter if the person is:
(1) a person, firm, or corporation that only harvests,
packages, or washes[, or ships] raw fruits or vegetables for
shipment at the location of harvest;
(2) an individual who only sells prepackaged
nonperishable foods, including dietary supplements, from a private
home as a direct seller;
(3) a person who holds a license under Chapter 432 and
who only engages in conduct within the scope of that license; or
(4) a restaurant that provides food for immediate
human consumption to a political subdivision or to a licensed
nonprofit organization if the restaurant would not otherwise be
required to hold a license under this subchapter.
SECTION 7. A person is not required to perform tests or
report the results of tests performed under Section 431.085, Health
and Safety Code, as added by this Act, before January 1, 2010.
SECTION 8. (a) Except as provided by Subsection (b), this
Act takes effect September 1, 2009.
(b) Section 6 of this Act takes effect September 1, 2010.