Texas 2019 - 86th Regular

Texas Senate Bill SB932 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 932
	1	+	By: Hughes S.B. No. 932
	2	+	(Wilson, Rodriguez, Lambert, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the regulation of certain direct sales of food to
6	8		consumers and a limitation on the fee amount for certain permits.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Chapter 437, Health and Safety Code, is amended
9	11		by adding Section 437.0065 to read as follows:
10	12		Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD
11	13		PRODUCERS. (a) In this section, "farmers' market" has the meaning
12	14		assigned by Section 437.020.
13	15		(b) This section applies only to a permit issued under this
14	16		chapter to:
15	17		(1) a farmer for the sale of food directly to consumers
16	18		at a farmers' market, a farm stand, or the farmer's farm; and
17	19		(2) an individual who prepares food for sale at a
18	20		farmers' market.
19	21		(c) A permit issued under Section 437.003, 437.004,
20	22		437.0055, or 437.0201 to a person described by Subsection (b):
21	23		(1) must be valid for a term of not less than one year;
22	24		(2) may impose an annual fee in an amount not to exceed
23	25		$100 for the issuance or renewal; and
24	26		(3) must cover sales at all locations within the
25	27		jurisdiction of the permitting authority.
26	28		SECTION 2. Section 437.020(b), Health and Safety Code, is
27	29		amended to read as follows:
28	30		(b) Except as provided by this section and Sections
29	31		437.0065, 437.0201, 437.0202, and 437.0203:
30	32		(1) this chapter does not regulate the provision of
31	33		samples of food or the sale of food to consumers at a farm or
32	34		farmers' market; and
33	35		(2) a rule adopted under state law may not regulate the
34	36		provision of samples of food or the sale of food to consumers at a
35	37		farm or farmers' market.
36	38		SECTION 3. Section 437.0201(b), Health and Safety Code, is
37	39		amended to read as follows:
38	40		(b) The department or a local health department may issue a
39	41		temporary food establishment permit to a person who sells food at a
40	42		farmers' market, subject to Section 437.0065 [without limiting the
41	43		number of days for which the permit is effective to the number of
42	44		days during which the farmers' market takes place].
43	45		SECTION 4. Section 437.0201(c), Health and Safety Code, is
44	46		repealed.
45	47		SECTION 5. The change in law made by this Act applies only
46	48		to an original or renewal permit issued on or after the effective
47	49		date of this Act. A permit issued before the effective date of this
48	50		Act is covered by the law in effect when the permit was issued, and
49	51		the former law is continued in effect for that purpose.
50	52		SECTION 6. This Act takes effect September 1, 2019.
51		-	______________________________ ______________________________
52		-	President of the Senate Speaker of the House
53		-	I hereby certify that S.B. No. 932 passed the Senate on
54		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
55		-	______________________________
56		-	Secretary of the Senate
57		-	I hereby certify that S.B. No. 932 passed the House on
58		-	May 14, 2019, by the following vote: Yeas 140, Nays 1, two
59		-	present not voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	Approved:
63		-	______________________________
64		-	Date
65		-	______________________________
66		-	Governor