H.B. No. 1802
 
 
 
 
AN ACT
  relating to mobile food units in certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.0073 to read as follows:
         Sec. 437.0073.  MEDALLION FOR MOBILE FOOD UNITS IN CERTAIN
  POPULOUS MUNICIPALITIES. (a)  This section applies only to a
  municipality with a population of 1.5 million or more.
         (b)  Any person desiring to operate one or more mobile food
  units in a municipality subject to this section other than
  restricted operations mobile food units shall obtain an individual
  medallion for each operating mobile food unit from the health
  officer of the municipality.  Each medallion will be issued
  unit-by-unit only after an inspection reveals satisfactory
  compliance with the provisions of this chapter and applicable
  municipal regulations or ordinances relating to mobile food units.
  The medallions shall remain the property of the municipality.
         (c)  A person may not operate or cause to be operated any
  mobile food unit that does not possess a valid medallion issued by
  the health officer.
         (d)  A medallion shall be affixed by the health officer or
  the health officer's authorized agents on the mobile food unit in a
  conspicuous place where it can be viewed by patrons.
         (e)  Application for a medallion shall be made on forms
  provided by the health officer and must include:
               (1)  the applicant's full name and mailing address;
               (2)  the address of the location at which the mobile
  food unit is stationed when not in use;
               (3)  the business name and address of the commissary or
  other fixed food service establishment from which potentially
  hazardous food supplies are obtained;
               (4)  the address of the servicing area;
               (5)  a description of the mobile food unit that
  includes the manufacturer's make, model, and serial number;
               (6)  the vehicle's state registration number; and
               (7)  the signature of the applicant.
         (f)  All of the provisions of this chapter and applicable
  municipal regulations or ordinances pertaining to food service
  establishments apply to the commissary or other fixed food service
  establishment from which the food supplies are obtained. Any
  suspension or revocation of the food dealer's permit for a food
  service establishment is cause for suspension or revocation of the
  medallion of any mobile food unit that is supplied or serviced by
  the establishment.
         SECTION 2.  Section 437.0074, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A municipality with a population of 1.5 million or more
  in a county with a population of 2.8 million or more shall require a
  mobile food unit, other than a mobile food unit that handles only
  prepackaged food and does not prepare or package food, to obtain a
  time and date stamp on the documentation required under Subsection
  (a)(2) from a time and date stamp unit that is constructed to
  prevent tampering and approved by the municipality's governing
  body.  A record kept by the municipality regarding the time and date
  stamp on the documentation under Subsection (a)(2) by means of an
  electronic tagging system under Subsection (b) controls if that
  record is inconsistent with the record kept by the mobile food unit.
         SECTION 3.  (a)  Notwithstanding Section 437.0073, Health
  and Safety Code, as added by this Act, a person is not required to
  obtain a medallion for a mobile food unit under that section before
  October 1, 2009.
         (b)  Not later than December 1, 2009, the governing body of a
  municipality to which this Act applies shall approve time and date
  stamp units to be used under Section 437.0074(c), Health and Safety
  Code, as added by this Act.
         SECTION 4.  (a)  Except as provided by Subsection (b) of this
  section, 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, 2009.
         (b)  Section 2 of this Act takes effect January 1, 2010.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1802 was passed by the House on April
  15, 2009, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1802 was passed by the Senate on May
  20, 2009, by the following vote:  Yeas 29, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor