HBA-MPM H.B. 3601 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3601
By: Capelo
Public Health
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

If a wholesale distributor of food fails to procure a license from the
Texas Department of Health (TDH), TDH may not know of the existence of the
distributor and therefore cannot conduct inspections to ensure that food
distributed from the distributor's site of operation is safe for
consumption.  Current law does not provide for the enforcement of the
licensing requirement as an unlawful act.  Specific authority to punish
violators of this provision could provide an incentive to food wholesalers
to comply with state licensing requirements.  House Bill 3601 specifies
that operating as a wholesale distributor of food without a TDH license is
an unlawful act and provides for the commissioner of health to issue an
emergency order if the distribution of a food, drug, device, or cosmetic
poses a threat to human safety. 

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. 

ANALYSIS

House Bill 3601 amends the Health and Safety Code to include operating as a
food wholesaler in this state without a license from the Texas Department
of Health as an act that is unlawful and prohibited.  The bill includes
distribution of a food, drug, device, or cosmetic, if such distribution
creates or poses an immediate and serious threat to human life and health,
as an act that may warrant an emergency order by the commissioner of
health. 

EFFECTIVE DATE

September 1, 2001.