Texas 2019 - 86th Regular

Texas House Bill HB2107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2107
	1	+	By: Capriglione, et al. H.B. No. 2107
	2	+	(Senate Sponsor - Hughes)
	3	+	(In the Senate - Received from the House April 15, 2019;
	4	+	April 17, 2019, read first time and referred to Committee on Health &
	5	+	Human Services; May 8, 2019, reported favorably by the following
	6	+	vote: Yeas 9, Nays 0; May 8, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to information provided by a local health jurisdiction on
6	13		food regulation.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. The heading to Subchapter H, Chapter 438, Health
9	16		and Safety Code, is amended to read as follows:
10	17		SUBCHAPTER H. INFORMATION ON DEPARTMENT OR LOCAL HEALTH
11	18		JURISDICTION FOOD REGULATION
12	19		SECTION 2. Subchapter H, Chapter 438, Health and Safety
13	20		Code, is amended by adding Section 438.151 to read as follows:
14	21		Sec. 438.151. DEFINITION. In this subchapter, "local
15	22		health jurisdiction" means a public health district, county, or
16	23		municipality that regulates food service establishments, retail
17	24		food stores, mobile food units, temporary food service
18	25		establishments, or roadside food vendors.
19	26		SECTION 3. Section 438.152, Health and Safety Code, is
20	27		amended to read as follows:
21	28		Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise
22	29		prohibited by state or federal law, on receipt of a written request
23	30		for information pertaining to the regulation of food under this
24	31		subtitle, the department or a local health jurisdiction shall
25	32		provide a reasonable and substantial response to the request not
26	33		later than the 30th day after the date the department or local
27	34		health jurisdiction receives the request.
28	35		SECTION 4. Section 438.153, Health and Safety Code, is
29	36		amended to read as follows:
30	37		Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On
31	38		receipt of a written request regarding the applicability to a
32	39		specific circumstance of a regulation or the requirements for
33	40		compliance with the regulation, the department or local health
34	41		jurisdiction shall provide an official written determination
35	42		regarding the applicability of the regulation or the requirements
36	43		for compliance with the regulation to the requestor not later than
37	44		the 30th day after the date the department or local health
38	45		jurisdiction receives the request.
39	46		(b) An official determination made under this section is
40	47		valid until the regulation that is the subject of the determination
41	48		is amended by statute, [or] department rule, or local health
42	49		jurisdiction regulation.
43	50		SECTION 5. The changes in law made by this Act apply only to
44	51		a request for information or official determination made under
45	52		Subchapter H, Chapter 438, Health and Safety Code, as amended by
46	53		this Act, to a local health jurisdiction on or after January 1,
47	54		2020. A request for information or official determination made to a
48	55		local health jurisdiction before January 1, 2020, is governed by
49	56		the law in effect immediately before the effective date of this Act,
50	57		and that law is continued in effect for that purpose.
51	58		SECTION 6. This Act takes effect September 1, 2019.
52		-	______________________________ ______________________________
53		-	President of the Senate Speaker of the House
54		-	I certify that H.B. No. 2107 was passed by the House on April
55		-	12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
56		-	voting.
57		-	______________________________
58		-	Chief Clerk of the House
59		-	I certify that H.B. No. 2107 was passed by the Senate on May
60		-	15, 2019, by the following vote: Yeas 31, Nays 0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: _____________________
64		-	Date
65		-	_____________________
66		-	Governor
	59	+	* * * * *