Bill Text: TX SB587 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a limitation on commercial kitchen and food permit requirements for food fundraisers held by a religious institution or nonprofit organization.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2023-05-15 - Left pending in committee [SB587 Detail]
Download: Texas-2023-SB587-Engrossed.html
| By: Hughes | S.B. No. 587 | |
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| 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, [ |
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| 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. | ||
