HBA-MPM C.S.H.B. 2805 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2805 By: Garcia Public Health 5/7/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.H.B. 2805 requires an ice cream pushcart vendor to obtain a certificate issued by the Texas Department of Health (department) to be displayed on the pushcart in order to sell ice cream to the public. This bill also requires the department to adopt rules regarding inspections; certificate suspension or revocation, or other disciplinary action; and 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 PUSHCART 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 pushcart vendor (vendor) from furnishing ice cream to the public unless the vendor holds a certificate issued under this chapter. Authorizes the holder of such a certificate to operate more than one ice cream pushcart (pushcart). Provides that the certificate or copy of the certificate is required to be displayed on the pushcart operated by the vendor. 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 the department a $200 application fee and $125 inspection fee; and _comply with any other 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 inspections; certificate suspension or revocation, or other disciplinary action; and certificate renewal. Authorizes a municipality with a population of 100,000 or more to recommend rules to the department. Sec. 441.004. MUNICIPAL REGULATION. Provides that a certificate issued under this chapter supersedes a license required or issued by a municipality or other political subdivision of this state. Provides that a certificate holder may not be required to hold a license issued by these entities to operate a pushcart in those areas. Sec. 441.005. CRIMINAL PENALTY. Provides that person commits a Class C misdemeanor if operating a pushcart 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. differs from the original bill by replacing the phrase "push cart" with the single word, "pushcart," and makes conforming changes throughout the substitute. C.S.H.B. 2805 differs from the original bill in SECTION 1 as follows: The substitute modifies proposed Section 441.002 (Certification of Ice Cream Pushcart Vendors), Health and Safety Code, of the original to authorize the holder of an ice cream pushcart vendor certificate to operate more than one ice cream pushcart (pushcart). The substitute provides that the certificate or a copy of the certificate, rather than just the certificate, must be displayed on each pushcart operated by the vendor. Provides than an applicant for a pushcart vendor certificate must pay the Texas Department of Health (TDH) a $200 application fee, instead of a $25 application fee. Additionally, the vendor must pay the department a $125 inspection fee for each pushcart operated by the applicant. The substitute modifies proposed Section 441.003 (Rules), Health and Safety Code, of the original to authorize TDH to adopt rules regarding inspections when adopting rules necessary to implement this chapter. The substitute also authorizes a municipality with a population of 100,000 or more to recommend rules to TDH. The substitute modifies proposed Section 441.004 (Municipal Regulation), Health and Safety Code, of the original to make conforming and nonsubstantive changes.