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AN ACT
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relating to information provided by a local health jurisdiction on |
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food regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter H, Chapter 438, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER H. INFORMATION ON DEPARTMENT OR LOCAL HEALTH |
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JURISDICTION FOOD REGULATION |
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SECTION 2. Subchapter H, Chapter 438, Health and Safety |
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Code, is amended by adding Section 438.151 to read as follows: |
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Sec. 438.151. DEFINITION. In this subchapter, "local |
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health jurisdiction" means a public health district, county, or |
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municipality that regulates food service establishments, retail |
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food stores, mobile food units, temporary food service |
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establishments, or roadside food vendors. |
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SECTION 3. Section 438.152, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise |
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prohibited by state or federal law, on receipt of a written request |
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for information pertaining to the regulation of food under this |
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subtitle, the department or a local health jurisdiction shall |
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provide a reasonable and substantial response to the request not |
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later than the 30th day after the date the department or local |
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health jurisdiction receives the request. |
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SECTION 4. Section 438.153, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On |
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receipt of a written request regarding the applicability to a |
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specific circumstance of a regulation or the requirements for |
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compliance with the regulation, the department or local health |
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jurisdiction shall provide an official written determination |
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regarding the applicability of the regulation or the requirements |
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for compliance with the regulation to the requestor not later than |
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the 30th day after the date the department or local health |
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jurisdiction receives the request. |
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(b) An official determination made under this section is |
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valid until the regulation that is the subject of the determination |
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is amended by statute, [or] department rule, or local health |
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jurisdiction regulation. |
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SECTION 5. The changes in law made by this Act apply only to |
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a request for information or official determination made under |
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Subchapter H, Chapter 438, Health and Safety Code, as amended by |
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this Act, to a local health jurisdiction on or after January 1, |
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2020. A request for information or official determination made to a |
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local health jurisdiction before January 1, 2020, is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |
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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. 2107 was passed by the House on April |
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12, 2019, by the following vote: Yeas 143, 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. 2107 was passed by the Senate on May |
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15, 2019, 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 |