Texas 2021 - 87th Regular

Texas House Bill HB1276 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1276
	1	+	By: Parker, et al. (Senate Sponsor - Springer) H.B. No. 1276
	2	+	(In the Senate - Received from the House April 23, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 14, 2021, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the sale of certain food by food service
6	12		establishments.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 437, Health and Safety Code, is amended
9	15		by adding Section 437.026 to read as follows:
10	16		Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE
11	17		ESTABLISHMENT. (a) Except as provided by Subsection (b), a food
12	18		service establishment that holds a permit under this chapter may
13	19		sell directly to an individual consumer food, other than prepared
14	20		food, that:
15	21		(1) is labeled, which may include a handwritten label,
16	22		with any information required by the department's food service
17	23		establishment rules;
18	24		(2) for a meat product or poultry product, is obtained
19	25		from a source that is appropriately inspected and bears an official
20	26		mark of inspection from the department or the United States
21	27		Department of Agriculture; and
22	28		(3) for food requiring refrigeration other than whole,
23	29		uncut produce, is:
24	30		(A) maintained at or below 41 degrees Fahrenheit
25	31		until the establishment sells or donates the food; and
26	32		(B) protected from contamination.
27	33		(b) A food service establishment described by Subsection
28	34		(a) may not sell directly to an individual consumer food that is:
29	35		(1) in a package exhibiting damage; or
30	36		(2) distressed because the food:
31	37		(A) has been subjected to fire, flooding,
32	38		excessive heat, smoke, radiation, or another environmental
33	39		contamination;
34	40		(B) is not held at the correct temperature for
35	41		the food type; or
36	42		(C) is not in good condition.
37	43		(c) A municipality or public health district may not require
38	44		a food service establishment that sells food directly to an
39	45		individual consumer under this section to obtain a food
40	46		manufacturer license or permit if the establishment:
41	47		(1) complies with this section; and
42	48		(2) is not required to hold a food manufacturer
43	49		license or permit under other state law.
44	50		SECTION 2. Section 431.2211(a), Health and Safety Code, is
45	51		amended to read as follows:
46	52		(a) A person is not required to hold a license under this
47	53		subchapter if the person is:
48	54		(1) a person, firm, or corporation that only harvests,
49	55		packages, or washes raw fruits or vegetables for shipment at the
50	56		location of harvest;
51	57		(2) an individual who only sells prepackaged
52	58		nonperishable foods, including dietary supplements, from a private
53	59		home as a direct seller;
54	60		(3) a person who holds a license under Chapter 432 and
55	61		who only engages in conduct within the scope of that license; or
56	62		(4) a restaurant that:
57	63		(A) provides food for immediate human
58	64		consumption to a political subdivision or to a licensed nonprofit
59	65		organization if the restaurant would not otherwise be required to
60	66		hold a license under this subchapter; or
61	67		(B) sells food directly to an individual consumer
62	68		if:
63	69		(i) the restaurant holds a permit as a food
64	70		service establishment under Chapter 437;
65	71		(ii) the restaurant complies with Section
66	72		437.026; and
67	73		(iii) the restaurant is not otherwise
68	74		required to hold a license under this subchapter.
69	75		SECTION 3. As soon as practicable after the effective date
70	76		of this Act, the executive commissioner of the Health and Human
71	77		Services Commission shall adopt rules to implement the changes in
72	78		law made by this Act.
73	79		SECTION 4. The changes in law made by this Act apply only to
74	80		the sale of food by a food service establishment that occurs on or
75	81		after the effective date of this Act. The sale of food by a food
76	82		service establishment that occurs before the effective date of this
77	83		Act is governed by the law in effect on the date the sale occurred,
78	84		and the former law is continued in effect for that purpose.
79	85		SECTION 5. Section 431.2211(a), Health and Safety Code, as
80	86		amended by this Act, applies only to a license issued or renewed on
81	87		or after the effective date of this Act.
82	88		SECTION 6. This Act takes effect immediately if it receives
83	89		a vote of two-thirds of all the members elected to each house, as
84	90		provided by Section 39, Article III, Texas Constitution. If this
85	91		Act does not receive the vote necessary for immediate effect, this
86	92		Act takes effect September 1, 2021.
87		-	______________________________ ______________________________
88		-	President of the Senate Speaker of the House
89		-	I certify that H.B. No. 1276 was passed by the House on April
90		-	22, 2021, by the following vote: Yeas 145, Nays 2, 1 present, not
91		-	voting.
92		-	______________________________
93		-	Chief Clerk of the House
94		-	I certify that H.B. No. 1276 was passed by the Senate on May
95		-	19, 2021, by the following vote: Yeas 31, Nays 0.
96		-	______________________________
97		-	Secretary of the Senate
98		-	APPROVED: _____________________
99		-	Date
100		-	_____________________
101		-	Governor
	93	+	* * * * *