HBA-MPM H.B. 2805 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2805
By: Garcia
Public Health
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2805 requires an ice cream push cart vendor to obtain a certificate
issued by the Texas Department of Health (department) and displayed on the
push cart in order to sell ice cream to the public.  This bill also
requires the department to adopt rules regarding certificate suspension,
revocation, or other disciplinary action relating to certificate renewal.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 441.003, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 6, Health and Safety code, by adding
Chapter 441, as follows: 

CHAPTER 441.  ICE CREAM PUSH CART VENDORS

Sec. 441.001.  DEFINITION.  Defines "department" as the Texas Department of
Health for purposes of this chapter. 

Sec. 441.002.  CERTIFICATION OF ICE CREAM PUSH CART VENDORS.  (a)
Prohibits an ice cream push cart vendor (vendor) from furnishing ice cream
to the public unless the vendor holds a certificate issued under this
chapter. 

(b)  Provides that the certificate is required to be displayed on the ice
cream push cart (cart). 

(c)  Provides that in order to obtain or renew a vendor certificate, an
applicant must: 

_submit a signed certificate application to the department on a form
prescribed by the department; 
_pay a $25 application fee; and
_comply with any departmental rules.

Sec. 441.003.  RULES.  Requires the department to adopt rules necessary to
implement this chapter and which promote the public health and safety.
Provides that the rules may include those relating to certificate
suspension, revocation, or other disciplinary action and relating to
certificate renewal. 

Sec. 441.004.  MUNICIPAL REGULATION.  Provides that a license issued under
this chapter supersedes a license required or issued by a municipality or
other political subdivision of this state.  Provides that a license holder
may not be required to hold a license issued by these entities to operate a
cart in those areas. 

Sec. 441.005.  CRIMINAL PENALTY. Provides that person commits a Class C
misdemeanor if operating a cart without the certificate required by this
chapter, each day of the violation of which constitutes a separate offense. 

SECTION 2.  Effective date:  September 1, 1999, with the exception of
Sections 441.002(a) and (b) and 441.005, Health and Safety Code, as added
by this Act, which take effect January 1, 2000. Provides that on the
effective date of this Act, a municipal license to operate a cart is void. 

SECTION 3.  Emergency clause.