By: Hughes S.B. No. 587
A BILL TO BE ENTITLED
AN ACT
relating to a limitation on commercial kitchen and food permit
requirements for food fundraisers held by a religious institution
or nonprofit organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.007, Health and Safety Code, is
amended to read as follows:
Sec. 437.007. NONPROFIT ORGANIZATIONS EXEMPT. The
department or a municipality, [A] county, or public health district
may not require a nonprofit organization, including a religious
institution as defined by Section 438.901, to obtain a permit.
SECTION 2. Chapter 438, Health and Safety Code, is amended
by adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 438.901. LIMITATION ON COMMERCIAL KITCHEN
REQUIREMENTS FOR FOOD FUNDRAISING ACTIVITY OF RELIGIOUS
INSTITUTION OR NONPROFIT ORGANIZATION. (a) In this section:
(1) "Nonprofit organization" means an organization
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, as an organization described by Section
501(c)(3) of that code.
(2) "Religious institution" means a religious
institution that is exempt from federal income tax under Section
501(a), Internal Revenue Code of 1986, as an organization described
by Section 501(c)(3) of that code.
(b) Notwithstanding any other law, this state or a political
subdivision of this state may not require a religious institution
or nonprofit organization to prepare in a commercial kitchen or in a
facility that is equipped with commercial kitchen equipment food
the institution or organization sells at an event held to raise
money for the institution or organization.
(c) This section may not be construed to affect any other
requirement for food preparation that is applicable to a religious
institution or nonprofit organization.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.