HBA-MPM S.B. 1239 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1239
By: Nelson
Public Health
5/2/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, it takes up to 45 days for the Texas Department of
Health (department) to receive the injunctive relief necessary to close an
unsanitary food facility.  During this period a facility can continue to
operate even with serious critical violations.  S.B. 1239 authorizes the
department, counties, and public health districts to immediately close
retail food establishments that fail to comply with the minimum state
standards and which pose an immediate public health hazard.  

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 Chapter 437, Health and Safety Code, by amending Section
437.009 and adding Sections 437.0095, 437.0145 and 437.0155, as follows:  

Sec. 437.009.  INSPECTIONS.  Authorizes authorized agents or employees of
the Texas Department of Health(department), in addition to a county or a
public health district, to enter the premises of a temporary food service
establishment  under the department's, county's or district's jurisdiction
during normal operating hours to conduct inspections to determine
compliance with state law, rules adopted understate law, and orders adopted
by the department, county, or district.  

Sec. 437.0095. DETENTION. Authorizes the commissioner of the department or
an authorized agent to detain an article of food located on the premises of
a food service establishment, retail store, mobile food unit, roadside food
vendor, or temporary food service establishment and which is adulterated or
misbranded under Chapter 431 (Texas Food, Drug, and Cosmetic Act), Health
and Safety Code. 

Sec. 437.0145.  EMERGENCY SUSPENSION OR CLOSING ORDER.  Requires the
department to suspend the license of a food service establishment, retail
food store, mobile food unit, roadside food vendor, or temporary food
service establishment or order the immediate closing if the department
finds certain violations. Provides that an order suspending a license or
closing an establishment under this section is immediately effective on the
date on which the license holder receives written notice or a later date
specified in the order and is valid for 10 days after the effective date of
the order.  

Sec. 437.0155.  DEPARTMENT INJUNCTION.  Authorizes the department to
institute a civil suit in a district court for injunctive relief to
restrain the person from continuing the violation or threat of violation,
if it appears that a person has violated, is violating, or threatens to
violate this chapter or a rule adopted under this chapter. Authorizes the
department to petition a district court for a temporary restraining order
to immediately halt a violation or other action creating an emergency
condition if it appears that certain violations are going to occur.
Requires the attorney general to institute a suit in the name of the state
for injunctive relief, on the department's request.  Authorizes the court,
in an action for injunctive relief, to grant any prohibitory or mandatory
injunction warranted by the facts,  including temporary restraining orders,
temporary injunctions, and permanent injunctions. Requires the court to
grant injunctive relief without a bond or other undertaking by the
department.  Provides that venue for a suit brought under this section is
in the county in which the violation or threat of violation is alleged to
have occurred.  

SECTION 2. Effective date: September 1, 1999. 
Makes application of this Act prospective.

SECTION 3. Emergency clause.