| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the regulation of certain direct sales of food to |
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| 6 | 8 | | consumers and a limitation on the fee amount for certain permits. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 437.0065, Health and Safety Code, is |
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| 9 | 11 | | amended to read as follows: |
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| 10 | 12 | | Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD |
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| 11 | 13 | | PRODUCERS. (a) In this section, "farmers' market" and "food |
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| 12 | 14 | | producer" have [has] the meanings [meaning] assigned by Section |
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| 13 | 15 | | 437.020. |
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| 14 | 16 | | (b) This section applies only to a permit issued under this |
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| 15 | 17 | | chapter to: |
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| 16 | 18 | | (1) a farmer for the sale of food directly to consumers |
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| 17 | 19 | | at a farmers' market, a farm stand, or the farmer's farm; and |
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| 18 | 20 | | (2) a food producer, other than a farmer, for the sale |
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| 19 | 21 | | of food directly to consumers [an individual who prepares food for |
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| 20 | 22 | | sale] at a farmers' market. |
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| 21 | 23 | | (c) A permit issued under Section 437.003, 437.004, |
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| 22 | 24 | | 437.0055, or 437.0201 to a person described by Subsection (b): |
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| 23 | 25 | | (1) must be valid for a term of not less than one year; |
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| 24 | 26 | | (2) may impose an annual fee in an amount not to exceed |
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| 25 | 27 | | $100 for the issuance or renewal; and |
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| 26 | 28 | | (3) must cover sales at all locations the permit |
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| 27 | 29 | | holder is authorized to sell food under Subsection (b), including |
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| 28 | 30 | | farmers' markets, farm stands, and farms [locations] within the |
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| 29 | 31 | | jurisdiction of the permitting authority. |
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| 30 | 32 | | (d) A farmer or food producer who is charged an annual fee in |
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| 31 | 33 | | an amount that exceeds the amount authorized by Subsection (c)(2) |
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| 32 | 34 | | or whose permit does not otherwise comply with this section may |
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| 33 | 35 | | bring an action against the governmental entity that charged the |
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| 34 | 36 | | fee or issued the permit to recover: |
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| 35 | 37 | | (1) the amount the farmer or food producer was charged |
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| 36 | 38 | | in excess of the annual fee authorized by Subsection (c)(2); and |
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| 37 | 39 | | (2) reasonable and necessary attorney's fees incurred |
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| 38 | 40 | | in bringing the action. |
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| 39 | 41 | | SECTION 2. Section 437.020(a), Health and Safety Code, is |
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| 40 | 42 | | amended by amending Subdivision (1) and adding Subdivision (3) to |
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| 41 | 43 | | read as follows: |
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| 42 | 44 | | (1) "Farmers' market" means a designated location used |
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| 43 | 45 | | for a recurring event at which a majority of the vendors are |
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| 44 | 46 | | [primarily for the distribution and sale directly to consumers of |
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| 45 | 47 | | food by] farmers or other food producers who sell food directly to |
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| 46 | 48 | | consumers. |
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| 47 | 49 | | (3) "Food producer" means a person who grew, raised, |
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| 48 | 50 | | processed, prepared, manufactured, or otherwise added value to the |
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| 49 | 51 | | food product the person is selling. The term does not include a |
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| 50 | 52 | | person who only packaged or repackaged a food product. |
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| 51 | 53 | | SECTION 3. (a) The change in law made by this Act applies |
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| 52 | 54 | | only to an original or renewal permit issued on or after the |
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| 53 | 55 | | effective date of this Act. A permit issued before the effective |
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| 54 | 56 | | date of this Act is covered by the law in effect when the permit was |
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| 55 | 57 | | issued, and the former law is continued in effect for that purpose. |
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| 56 | 58 | | (b) Section 437.0065(d), Health and Safety Code, as added by |
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| 57 | 59 | | this Act, applies only to a cause of action that accrues on or after |
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| 58 | 60 | | the effective date of this Act. |
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| 59 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 65 | | Act takes effect September 1, 2021. |
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