H.B. No. 1585
 
 
 
 
AN ACT
  relating to administrative penalties imposed by a public health
  district or a county for violations of health and safety provisions
  relating to retail food service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding Sections 437.0185 and 437.0186 to read as follows:
         Sec. 437.0185.  ADMINISTRATIVE PENALTY BY PUBLIC HEALTH
  DISTRICT OR COUNTY. (a)  The director of a public health district
  or the commissioners court of a county may impose an administrative
  penalty on a person the district or county requires to hold a permit
  under Section 437.003 or 437.004 if the person violates this
  chapter or a rule or order adopted under this chapter.
         (b)  The amount of the penalty may not exceed $500 per day,
  and each day a violation continues or occurs is a separate violation
  for the purpose of imposing a penalty. The amount shall be based
  on:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter a future violation;
               (4)  efforts to correct the violation; and
               (5)  any other matter that justice may require.
         (c)  The enforcement of the penalty may be stayed during the
  time the order is under judicial review if the person pays the
  penalty to the clerk of the court. A person who cannot afford to pay
  the penalty may stay the enforcement by filing an affidavit in the
  manner required by the Texas Rules of Civil Procedure for a party
  who cannot afford to file security for costs.
         (d)  Not later than the 20th day after the date the person
  receives notice of the penalty, the person in writing may:
               (1)  accept the determination and pay the recommended
  penalty of the director or commissioners court;  or
               (2)  make a request for a hearing on the occurrence of
  the violation, the amount of the penalty, or both.
         (e)  The justice of the peace for the justice precinct in
  which the retail food store or food establishment is located or the
  mobile food establishment or roadside food vendor is based shall
  hold a hearing requested under Subsection (d).
         (f)  If the court sustains the finding that a violation
  occurred, the court may uphold or reduce the amount of the penalty
  and order the person to pay the full or reduced amount of the
  penalty.
         (g)  If the court does not sustain the finding that a
  violation occurred, the court shall order that a penalty is not
  owed.
         (h)  If the person paid the penalty to the clerk of the court
  and if the amount of the penalty is reduced or the penalty is not
  upheld by the court, the court shall order, when the court's
  judgment becomes final, that the appropriate amount be remitted to
  the person.
         Sec. 437.0186.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  An
  administrative penalty may be imposed for a violation of this
  chapter or a rule or order under this chapter by the state under
  Section 437.018 or by the director of a public health district or
  commissioners court of a county under Section 437.0185, but not
  both.
         SECTION 2.  Section 437.0185, Health and Safety Code, as
  added by this Act, applies only to a violation of Chapter 437,
  Health and Safety Code, or a rule or order adopted under that
  chapter, that occurs on or after the effective date of this Act.  A
  violation that occurs before the effective date of this Act is
  governed by the law as it existed immediately before that date, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1585 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1585 was passed by the Senate on May
  21, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor