| 1 | 1 | | 88R3347 EAS-D |
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| 2 | 2 | | By: Martinez H.B. No. 1079 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to warning signs posted by certain food service |
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| 8 | 8 | | establishments that prepare food items containing peanut products. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 438, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter E to read as follows: |
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| 12 | 12 | | SUBCHAPTER E. PEANUT ALLERGEN WARNING SIGNS |
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| 13 | 13 | | Sec. 438.051. APPLICABILITY. This subchapter applies only |
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| 14 | 14 | | to a food service establishment: |
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| 15 | 15 | | (1) with a designed or designated space for eating; |
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| 16 | 16 | | and |
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| 17 | 17 | | (2) that prepares a food item containing peanuts or a |
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| 18 | 18 | | peanut product. |
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| 19 | 19 | | Sec. 438.052. WARNING SIGNS REQUIRED FOR FOOD ITEMS |
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| 20 | 20 | | CONTAINING PEANUT PRODUCTS. A food service establishment to which |
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| 21 | 21 | | this subchapter applies shall post in a conspicuous place in the |
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| 22 | 22 | | area of the establishment in which food is consumed or on the |
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| 23 | 23 | | establishment's food menu a warning sign that states: |
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| 24 | 24 | | "This establishment prepares food items that contain peanut |
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| 25 | 25 | | products." |
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| 26 | 26 | | Sec. 438.053. RULES. The executive commissioner shall |
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| 27 | 27 | | adopt any rules necessary to implement this subchapter. |
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| 28 | 28 | | SECTION 2. This Act takes effect September 1, 2024. |
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