Texas 2013 - 83rd Regular

Texas House Bill HB1392 Compare Versions

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1	1	By: King of Taylor, et al. (Senate Sponsor - Nelson) H.B. No. 1392
2	2	(In the Senate - Received from the House May 8, 2013;
3	3	May 9, 2013, read first time and referred to Committee on Health
4	4	and Human Services; May 15, 2013, reported favorably by the
5	5	following vote: Yeas 6, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to information provided by the Department of State Health
11	11	Services on food regulation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 438, Health and Safety Code, is amended
14	14	by adding Subchapter H to read as follows:
15	15	SUBCHAPTER H. INFORMATION ON DEPARTMENT FOOD REGULATION
16	16	Sec. 438.151. DEFINITIONS. In this subchapter:
17	17	(1) "Department" means the Department of State Health
18	18	Services.
19	19	(2) "Executive commissioner" means the executive
20	20	commissioner of the Health and Human Services Commission.
21	21	Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise
22	22	prohibited by state or federal law, on receipt of a written request
23	23	for information pertaining to the regulation of food under this
24	24	subtitle, the department shall provide a reasonable and substantial
25	25	response to the request not later than the 30th day after the date
26	26	the department receives the request.
27	27	Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On
28	28	receipt of a written request regarding the applicability to a
29	29	specific circumstance of a regulation or the requirements for
30	30	compliance with the regulation, the department shall provide an
31	31	official written determination regarding the applicability of the
32	32	regulation or the requirements for compliance with the regulation
33	33	to the requestor not later than the 30th day after the date the
34	34	department receives the request.
35	35	(b) An official determination made under this section is
36	36	valid until the regulation that is the subject of the determination
37	37	is amended by statute or department rule.
38	38	Sec. 438.154. EFFECT OF OFFICIAL DETERMINATION. An
39	39	inspector may not issue to a person a citation for a violation of a
40	40	food regulation governed by this subtitle if the person provides
41	41	the inspector with an official determination made under Section
42	42	438.153 that contradicts the opinion of the inspector.
43	43	Sec. 438.155. RULES. (a) The executive commissioner shall
44	44	adopt rules to implement this subchapter.
45	45	(b) The executive commissioner periodically shall evaluate
46	46	the department's food safety rules and modify the rules as
47	47	necessary to improve consistency and communication in food
48	48	regulation in this state.
49	49	SECTION 2. (a) Not later than December 1, 2013, the
50	50	executive commissioner of the Health and Human Services Commission
51	51	shall adopt the rules necessary to implement Subchapter H, Chapter
52	52	438, Health and Safety Code, as added by this Act.
53	53	(b) This Act applies only to a request for information or
54	54	official determination made under Subchapter H, Chapter 438, Health
55	55	and Safety Code, as added by this Act, to the Department of State
56	56	Health Services on or after January 1, 2014. A request for
57	57	information or official determination made to the Department of
58	58	State Health Services before January 1, 2014, is governed by the law
59	59	in effect immediately before the effective date of this Act, and
60	60	that law is continued in effect for that purpose.
61	61	SECTION 3. This Act takes effect September 1, 2013.
62	62	* * * * *