By: King of Taylor, et al. (Senate Sponsor - Nelson) H.B. No. 1392
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on Health
and Human Services; May 15, 2013, reported favorably by the
following vote: Yeas 6, Nays 0; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to information provided by the Department of State Health
Services on food regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 438, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. INFORMATION ON DEPARTMENT FOOD REGULATION
Sec. 438.151. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of State Health
Services.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise
prohibited by state or federal law, on receipt of a written request
for information pertaining to the regulation of food under this
subtitle, the department shall provide a reasonable and substantial
response to the request not later than the 30th day after the date
the department receives the request.
Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On
receipt of a written request regarding the applicability to a
specific circumstance of a regulation or the requirements for
compliance with the regulation, the department shall provide an
official written determination regarding the applicability of the
regulation or the requirements for compliance with the regulation
to the requestor not later than the 30th day after the date the
department receives the request.
(b) An official determination made under this section is
valid until the regulation that is the subject of the determination
is amended by statute or department rule.
Sec. 438.154. EFFECT OF OFFICIAL DETERMINATION. An
inspector may not issue to a person a citation for a violation of a
food regulation governed by this subtitle if the person provides
the inspector with an official determination made under Section
438.153 that contradicts the opinion of the inspector.
Sec. 438.155. RULES. (a) The executive commissioner shall
adopt rules to implement this subchapter.
(b) The executive commissioner periodically shall evaluate
the department's food safety rules and modify the rules as
necessary to improve consistency and communication in food
regulation in this state.
SECTION 2. (a) Not later than December 1, 2013, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Subchapter H, Chapter
438, Health and Safety Code, as added by this Act.
(b) This Act applies only to a request for information or
official determination made under Subchapter H, Chapter 438, Health
and Safety Code, as added by this Act, to the Department of State
Health Services on or after January 1, 2014. A request for
information or official determination made to the Department of
State Health Services before January 1, 2014, is governed by the law
in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.
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