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AN ACT
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relating to information provided by the Department of State Health |
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Services on food regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 438, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. INFORMATION ON DEPARTMENT FOOD REGULATION |
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Sec. 438.151. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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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 shall provide a reasonable and substantial |
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response to the request not later than the 30th day after the date |
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the department receives the request. |
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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 shall provide an |
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official written determination regarding the applicability of the |
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regulation or the requirements for compliance with the regulation |
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to the requestor not later than the 30th day after the date the |
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department 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. |
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Sec. 438.154. EFFECT OF OFFICIAL DETERMINATION. An |
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inspector may not issue to a person a citation for a violation of a |
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food regulation governed by this subtitle if the person provides |
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the inspector with an official determination made under Section |
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438.153 that contradicts the opinion of the inspector. |
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Sec. 438.155. RULES. (a) The executive commissioner shall |
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adopt rules to implement this subchapter. |
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(b) The executive commissioner periodically shall evaluate |
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the department's food safety rules and modify the rules as |
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necessary to improve consistency and communication in food |
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regulation in this state. |
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SECTION 2. (a) Not later than December 1, 2013, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the rules necessary to implement Subchapter H, Chapter |
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438, Health and Safety Code, as added by this Act. |
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(b) This Act applies only to a request for information or |
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official determination made under Subchapter H, Chapter 438, Health |
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and Safety Code, as added by this Act, to the Department of State |
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Health Services on or after January 1, 2014. A request for |
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information or official determination made to the Department of |
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State Health Services before January 1, 2014, is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |
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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. 1392 was passed by the House on May 7, |
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2013, 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. 1392 was passed by the Senate on May |
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22, 2013, 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 |