| 1 | 1 | | By: Hughes S.B. No. 587 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a limitation on commercial kitchen and food permit |
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| 7 | 7 | | requirements for food fundraisers held by a religious institution |
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| 8 | 8 | | or nonprofit organization. |
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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. Section 437.007, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 437.007. NONPROFIT ORGANIZATIONS EXEMPT. The |
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| 13 | 13 | | department or a municipality, [A] county, or public health district |
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| 14 | 14 | | may not require a nonprofit organization, including a religious |
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| 15 | 15 | | institution as defined by Section 438.901, to obtain a permit. |
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| 16 | 16 | | SECTION 2. Chapter 438, Health and Safety Code, is amended |
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| 17 | 17 | | by adding Subchapter Z to read as follows: |
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| 18 | 18 | | SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
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| 19 | 19 | | Sec. 438.901. LIMITATION ON COMMERCIAL KITCHEN |
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| 20 | 20 | | REQUIREMENTS FOR FOOD FUNDRAISING ACTIVITY OF RELIGIOUS |
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| 21 | 21 | | INSTITUTION OR NONPROFIT ORGANIZATION. (a) In this section: |
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| 22 | 22 | | (1) "Nonprofit organization" means an organization |
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| 23 | 23 | | exempt from federal income tax under Section 501(a), Internal |
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| 24 | 24 | | Revenue Code of 1986, as an organization described by Section |
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| 25 | 25 | | 501(c)(3) of that code. |
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| 26 | 26 | | (2) "Religious institution" means a religious |
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| 27 | 27 | | institution that is exempt from federal income tax under Section |
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| 28 | 28 | | 501(a), Internal Revenue Code of 1986, as an organization described |
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| 29 | 29 | | by Section 501(c)(3) of that code. |
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| 30 | 30 | | (b) Notwithstanding any other law, this state or a political |
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| 31 | 31 | | subdivision of this state may not require a religious institution |
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| 32 | 32 | | or nonprofit organization to prepare in a commercial kitchen or in a |
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| 33 | 33 | | facility that is equipped with commercial kitchen equipment food |
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| 34 | 34 | | the institution or organization sells at an event held to raise |
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| 35 | 35 | | money for the institution or organization. |
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| 36 | 36 | | (c) This section may not be construed to affect any other |
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| 37 | 37 | | requirement for food preparation that is applicable to a religious |
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| 38 | 38 | | institution or nonprofit organization. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2023. |
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