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.