84R12771 JSC-D By: Martinez H.B. No. 3706 A BILL TO BE ENTITLED AN ACT relating to requiring certain food service establishments that prepare peanut products to post warning signs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 438, Health and Safety Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. PEANUT ALLERGEN WARNING SIGNS Sec. 438.051. APPLICABILITY. This subchapter applies only to a food service establishment: (1) at which space for eating is designed or designated; and (2) that uses peanuts or a peanut product for any item prepared at the food service establishment. Sec. 438.052. WARNING SIGNS REQUIRED FOR PEANUT CONTAMINATION. A food service establishment described by Section 438.051 shall post a sign in a conspicuous place in the area in which food is consumed that states the following: "This establishment prepares items that contain peanut products. Regular kitchen operations involve shared cooking and preparation areas. Therefore, we cannot guarantee that any item will be completely free of peanuts." Sec. 438.053. RULES. The executive commissioner of the Health and Human Services Commission shall adopt any rules necessary to implement this subchapter. SECTION 2. This Act takes effect January 1, 2016.