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AN ACT
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relating to the authority to operate a mobile food unit, roadside |
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food vendor, or temporary food service establishment in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.009, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437.009. INSPECTIONS. Authorized agents or employees |
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of the department, a county, or a public health district may enter |
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the premises of a food service establishment, retail food store, |
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mobile food unit, roadside food vendor, or temporary food service |
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establishment under the department's, county's, or district's |
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jurisdiction during normal operating hours to conduct inspections |
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to determine compliance with: |
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(1) state law, including a requirement to hold and |
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display written authorization under Section 437.021; |
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(2) rules adopted under state law;[,] and |
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(3) orders adopted by the department, county, or |
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district. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.021 to read as follows: |
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Sec. 437.021. AUTHORITY TO OPERATE ON CERTAIN PROPERTY. A |
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person operating a mobile food unit, roadside food vendor, or |
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temporary food service establishment in a county with a population |
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of more than 3.3 million shall acquire written authorization from |
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the owner of the property on which the unit, vendor, or |
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establishment is operating. The written authorization must: |
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(1) be notarized; |
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(2) provide that the operator has the property owner's |
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permission to operate the unit, vendor, or establishment on the |
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property; and |
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(3) be prominently displayed in the unit, vendor, or |
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establishment in plain view of the public at all times. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3138 was passed by the House on April |
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27, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3138 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |