Bill Text: TX HB2107 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to information provided by a local health jurisdiction on food regulation.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2019-05-31 - Effective on 9/1/19 [HB2107 Detail]

Download: Texas-2019-HB2107-Comm_Sub.html
  86R2422 KKR-D
 
  By: Capriglione, Rodriguez, Shaheen, Kacal H.B. No. 2107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to information provided by a local health jurisdiction on
  food regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter H, Chapter 438, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER H. INFORMATION ON DEPARTMENT OR LOCAL HEALTH
  JURISDICTION FOOD REGULATION
         SECTION 2.  Subchapter H, Chapter 438, Health and Safety
  Code, is amended by adding Section 438.151 to read as follows:
         Sec. 438.151.  DEFINITION. In this subchapter, "local
  health jurisdiction" means a public health district, county, or
  municipality that regulates food service establishments, retail
  food stores, mobile food units, temporary food service
  establishments, or roadside food vendors.
         SECTION 3.  Section 438.152, Health and Safety Code, is
  amended to read as follows:
         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 or a local health jurisdiction shall
  provide a reasonable and substantial response to the request not
  later than the 30th day after the date the department or local
  health jurisdiction receives the request.
         SECTION 4.  Section 438.153, Health and Safety Code, is
  amended to read as follows:
         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 or local health
  jurisdiction 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 or local health
  jurisdiction 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, or local health
  jurisdiction regulation.
         SECTION 5.  The changes in law made by this Act apply only to
  a request for information or official determination made under
  Subchapter H, Chapter 438, Health and Safety Code, as amended by
  this Act, to a local health jurisdiction on or after January 1,
  2020. A request for information or official determination made to a
  local health jurisdiction before January 1, 2020, 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 6.  This Act takes effect September 1, 2019.
feedback