Texas 2021 - 87th Regular

Texas House Bill HB1652 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6385 EAS-F
2	2	By: Wilson H.B. No. 1652
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain direct sales of food to
8	8	consumers and a limitation on the fee amount for certain permits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 437.0065, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD
13	13	PRODUCERS. (a) In this section, "farmers' market" and "food
14	14	producer" have [has] the meanings [meaning] assigned by Section
15	15	437.020.
16	16	(b) This section applies only to a permit issued under this
17	17	chapter to:
18	18	(1) a farmer for the sale of food directly to consumers
19	19	at a farmers' market, a farm stand, or the farmer's farm; and
20	20	(2) a food producer, other than a farmer, for the sale
21	21	of food directly to consumers [an individual who prepares food for
22	22	sale] at a farmers' market.
23	23	(c) A permit issued under Section 437.003, 437.004,
24	24	437.0055, or 437.0201 to a person described by Subsection (b):
25	25	(1) must be valid for a term of not less than one year;
26	26	(2) may impose an annual fee in an amount not to exceed
27	27	$100 for the issuance or renewal; and
28	28	(3) must cover sales at all locations the permit
29	29	holder is authorized to sell food under Subsection (b), including
30	30	farmers' markets, farm stands, and farms [locations] within the
31	31	jurisdiction of the permitting authority.
32	32	(d) A farmer or food producer who is charged an annual fee in
33	33	an amount that exceeds the amount authorized by Subsection (c)(2)
34	34	or whose permit does not otherwise comply with this section may
35	35	bring an action against the governmental entity that charged the
36	36	fee or issued the permit to recover:
37	37	(1) the amount the farmer or food producer was charged
38	38	in excess of the annual fee authorized by Subsection (c)(2); and
39	39	(2) reasonable and necessary attorney's fees incurred
40	40	in bringing the action.
41	41	(e) Sovereign and governmental immunity of a governmental
42	42	entity to suit and from liability is waived to the extent of
43	43	liability created by this section.
44	44	SECTION 2. Section 437.020(a), Health and Safety Code, is
45	45	amended by amending Subdivision (1) and adding Subdivision (3) to
46	46	read as follows:
47	47	(1) "Farmers' market" means a designated location used
48	48	for a recurring event at which a majority of the vendors are
49	49	[primarily for the distribution and sale directly to consumers of
50	50	food by] farmers or other food producers who sell food directly to
51	51	consumers.
52	52	(3) "Food producer" means a person who grew, raised,
53	53	processed, prepared, manufactured, or otherwise added value to the
54	54	food product the person is selling.
55	55	SECTION 3. (a) The change in law made by this Act applies
56	56	only to an original or renewal permit issued on or after the
57	57	effective date of this Act. A permit issued before the effective
58	58	date of this Act is covered by the law in effect when the permit was
59	59	issued, and the former law is continued in effect for that purpose.
60	60	(b) Sections 437.0065(d) and (e), Health and Safety Code, as
61	61	added by this Act, apply only to a cause of action that accrues on or
62	62	after the effective date of this Act.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2021.