Bill Text: TX HB1392 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to information provided by the Department of State Health Services on food regulation.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1392 Detail]
Download: Texas-2013-HB1392-Enrolled.html
H.B. No. 1392 |
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relating to information provided by the Department of State Health | ||
Services on food regulation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 438, Health and Safety Code, is amended | ||
by adding Subchapter H to read as follows: | ||
SUBCHAPTER H. INFORMATION ON DEPARTMENT FOOD REGULATION | ||
Sec. 438.151. DEFINITIONS. In this subchapter: | ||
(1) "Department" means the Department of State Health | ||
Services. | ||
(2) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise | ||
prohibited by state or federal law, on receipt of a written request | ||
for information pertaining to the regulation of food under this | ||
subtitle, the department shall provide a reasonable and substantial | ||
response to the request not later than the 30th day after the date | ||
the department receives the request. | ||
Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On | ||
receipt of a written request regarding the applicability to a | ||
specific circumstance of a regulation or the requirements for | ||
compliance with the regulation, the department shall provide an | ||
official written determination regarding the applicability of the | ||
regulation or the requirements for compliance with the regulation | ||
to the requestor not later than the 30th day after the date the | ||
department receives the request. | ||
(b) An official determination made under this section is | ||
valid until the regulation that is the subject of the determination | ||
is amended by statute or department rule. | ||
Sec. 438.154. EFFECT OF OFFICIAL DETERMINATION. An | ||
inspector may not issue to a person a citation for a violation of a | ||
food regulation governed by this subtitle if the person provides | ||
the inspector with an official determination made under Section | ||
438.153 that contradicts the opinion of the inspector. | ||
Sec. 438.155. RULES. (a) The executive commissioner shall | ||
adopt rules to implement this subchapter. | ||
(b) The executive commissioner periodically shall evaluate | ||
the department's food safety rules and modify the rules as | ||
necessary to improve consistency and communication in food | ||
regulation in this state. | ||
SECTION 2. (a) Not later than December 1, 2013, the | ||
executive commissioner of the Health and Human Services Commission | ||
shall adopt the rules necessary to implement Subchapter H, Chapter | ||
438, Health and Safety Code, as added by this Act. | ||
(b) This Act applies only to a request for information or | ||
official determination made under Subchapter H, Chapter 438, Health | ||
and Safety Code, as added by this Act, to the Department of State | ||
Health Services on or after January 1, 2014. A request for | ||
information or official determination made to the Department of | ||
State Health Services before January 1, 2014, is governed by the law | ||
in effect immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1392 was passed by the House on May 7, | ||
2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1392 was passed by the Senate on May | ||
22, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |