HBA-ATS, RBT H.B. 749 76(R)BILL ANALYSIS

Office of House Bill AnalysisH.B. 749
By: Van de Putte
Business & Industry
6/3/1999
Enrolled


BACKGROUND AND PURPOSE

Flea markets can be an outlet for the sale of stolen merchandise, including
baby formula and other perishables.  These items may be sold at such venues
after the manufacturers' recommended freshness date.  In addition, with
inappropriate handling, food perishables can be contaminated or rendered
unfit for consumption.  H.B. 749 prohibits the sale at flea markets of
infant formula or baby food typically consumed by children younger than two
years of age, drugs, and contact lenses. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 35, Business & Commerce Code, by
adding Section 35.55, as follows: 

Sec.  35.55.  SALE OF ITEMS AT FLEA MARKET.  (a) Defines "flea market."  

(b) Provides that a person commits a misdemeanor with a maximum punishment
of a $100 fine if a person sells or offers for sale at a flea market infant
formula or baby food of a type usually consumed by children younger than
two years old, a drug, as defined by Section 431.002 (Definitions), Health
and Safety Code, or contact lenses, including disposable contact lenses. 

(c) Provides that a person does not commit an offense solely because the
person provides space at a flea market. 

(d) Provides that it is a defense to a prosecution under Subsection (b)
that the person selling the item has a written authorization to sell the
item at retail from the manufacturer or the manufacturer's distributor
which states the person's name and the person allows any person to examine
the authorization who requests to do so, or that only a sample of the item
or a catalog or brochure displaying the item was available at the flea
market and the item sold was not delivered to the buyer at the flea market. 

(e) Provides that a person commits a misdemeanor with a maximum punishment
of a $100 fine if the person provides to another person a forged
authorization, or an authorization that contains a false statement, or a
person displays an authorization obtained by fraud. 

(f) Provides that a person commits a misdemeanor with a maximum punishment
of a $100 fine if the person commits an offense under this section. 

(g) Requires a law enforcement agency investigating a violation of this
section to maintain a record of the investigation.  Provides that the
record is public information. 

(h) Provides that this section does not apply to the sale or offer for sale
of a nutritional supplement or vitamin. 

 SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.