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


Office of House Bill AnalysisC.S.H.B. 3601
By: Capelo
Public Health
4/10/2001
Committee Report (Substituted)


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.  C.S.H.B. 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

C.S.H.B. 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 (Sec. 431.021).  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 (Sec. 431.045). 

The bill provides that a person is not required to be licensed under the
food manufacturers and food wholesalers provisions of the Texas Food, Drug,
and Cosmetic Act if the person holds a license under the Texas  Food, Drug,
Device, and Cosmetic Salvage Act and only engages in conduct within the
scope of that license.  The bill provides that an exemption from the
licensing requirements does not exempt the person from other provisions
governing food manufacturers and food wholesalers or from rules adopted by
the Texas Board of Health to administer and enforce those provisions.  The
bill specifies that provisions of the Alcoholic Beverage Code prevail to
the extent of any conflict with the Texas Food, Drug, and Cosmetic Act
(Sec. 431.2211). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3601 differs from the original by adding a provision specifying
that a person is not required to be licensed under the food manufacturers
and food wholesalers provisions of the Texas Food, Drug, and Cosmetic Act
if the person is licensed under the Texas  Food, Drug, Device, and Cosmetic
Salvage Act and acts solely within the scope of that license.  The
substitute also specifies that provisions of the Alcoholic Beverage Code
prevail to the extent of any conflict with the Texas Food, Drug, and
Cosmetic Act (Sec. 431.2211).