By: Capriglione, et al. H.B. No. 2107
(Senate Sponsor - Hughes)
(In the Senate - Received from the House April 15, 2019;
April 17, 2019, read first time and referred to Committee on Health &
Human Services; May 8, 2019, reported favorably by the following
vote: Yeas 9, Nays 0; May 8, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to information provided by a local health jurisdiction on
food regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter H, Chapter 438, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER H. INFORMATION ON DEPARTMENT OR LOCAL HEALTH
JURISDICTION FOOD REGULATION
SECTION 2. Subchapter H, Chapter 438, Health and Safety
Code, is amended by adding Section 438.151 to read as follows:
Sec. 438.151. DEFINITION. In this subchapter, "local
health jurisdiction" means a public health district, county, or
municipality that regulates food service establishments, retail
food stores, mobile food units, temporary food service
establishments, or roadside food vendors.
SECTION 3. Section 438.152, Health and Safety Code, is
amended to read as follows:
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 or a local health jurisdiction shall
provide a reasonable and substantial response to the request not
later than the 30th day after the date the department or local
health jurisdiction receives the request.
SECTION 4. Section 438.153, Health and Safety Code, is
amended to read as follows:
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 or local health
jurisdiction 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 or local health
jurisdiction 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, or local health
jurisdiction regulation.
SECTION 5. The changes in law made by this Act apply only to
a request for information or official determination made under
Subchapter H, Chapter 438, Health and Safety Code, as amended by
this Act, to a local health jurisdiction on or after January 1,
2020. A request for information or official determination made to a
local health jurisdiction before January 1, 2020, 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 6. This Act takes effect September 1, 2019.
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