2005 Texas Health & Safety Code CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS

HEALTH & SAFETY CODE

CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD 
STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS


	§ 437.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Board" means the Texas Board of Health.                                 
		(2)  "Commissioner" means the commissioner of health.                         
		(3)  "Department" means the Texas Department of Health.                       
		(4)  "Food," "food service establishment," "retail 
food store," "mobile food unit," "roadside food vendor", and 
"temporary food service establishment" have the meanings assigned 
to those terms by rules adopted by the board under this chapter.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1993, 73rd Leg., ch. 617, § 1, eff. Sept. 1, 1993.


	§ 437.002. ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC 
HEALTH DISTRICT.  (a) A county or public health district may 
enforce state law and rules adopted under state law concerning food 
service establishments, retail food stores, mobile food units, and 
roadside food vendors.
	(b)  This chapter does not authorize a county or public 
health district to adopt orders establishing standards for the 
operation of food service establishments, retail food stores, 
mobile food units, or roadside food vendors.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT.  To 
enforce state law and rules adopted under state law, the 
commissioners court of a county by order may require food service 
establishments, retail food stores, mobile food units, and roadside 
food vendors in unincorporated areas of the county, including areas 
in the extraterritorial jurisdiction of a municipality, to obtain a 
permit from the county.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.004. PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE 
PERMIT.  (a) A public health district that is established by at 
least one county and one or more municipalities in the county by 
order may require food service establishments, retail food stores, 
mobile food units, and roadside food vendors in the district to 
obtain a permit from the district.
	(b)  If the public health district has an administrative 
board, the administrative board must adopt the order in accordance 
with its procedures.
	(c)  If the district does not have an administrative board, 
the governing body of each member of the district must adopt the 
order. The order is effective throughout the public health district 
on the 30th day after the first date on which the governing bodies 
of all members have adopted the order.
	(d)  This chapter does not restrict the authority of a 
municipality that is a member of a public health district to adopt 
ordinances or administer a permit system concerning food service 
establishments, retail food stores, mobile food units, and roadside 
food vendors.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.005. PUBLIC HEARING.  (a) A commissioners court, 
governing body, or administrative board, as applicable, may adopt 
an order under Section 437.003 or 437.004 only after conducting a 
public hearing on the proposed order.
	(b)  At least two weeks' public notice must be given before a 
public hearing may be held.
	(c)  The notice must be published in a newspaper of general 
circulation in the county or public health district on three 
consecutive days and be printed in 10 point bold-faced type.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.0055. PERMIT FROM DEPARTMENT REQUIRED IN AREAS NOT 
REGULATED BY COUNTY OR PUBLIC HEALTH DISTRICT.  (a) A person may 
not operate a food service establishment, retail food store, mobile 
food unit, or temporary food service establishment located in an 
area in which a county or public health district does not require a 
permit or conduct inspections under this chapter unless the person 
has a permit issued by the department.
	(b)  A person required to obtain a permit under Subsection 
(a) must apply annually for the permit and must pay any fees 
required by the department.

Added by Acts 1993, 73rd Leg., ch. 617, § 2, eff. Jan. 1, 1994.            


	§ 437.0056. RULEMAKING AUTHORITY.  The board may adopt 
rules for the efficient enforcement of this chapter by the 
department in an area not regulated under this chapter by a county 
or public health district.  The board by rule shall establish 
minimum standards for granting and maintaining a permit in an area 
not regulated under this chapter by a county or public health 
district.  The commissioner may refuse an application for permit or 
suspend or revoke a permit in an area not regulated under this 
chapter by a county or public health district.

Added by Acts 1993, 73rd Leg., ch. 617, § 2, eff. Jan. 1, 1994.            


	§ 437.006. MORE THAN ONE PERMIT PROHIBITED.  A food 
service establishment or retail food store may not be required 
under this chapter to obtain more than one permit for each location.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.007. NONPROFIT ORGANIZATIONS EXEMPT.  A county or 
public health district may not require a nonprofit organization to 
obtain a permit.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.0075. FOOD MANAGERS IN CERTAIN POPULOUS 
COUNTIES.  (a) A county with a population of at least 2.8 million 
may require a trained food manager to be on duty during the 
operating hours of a food establishment.
	(b)  The training required of food managers can be no more 
extensive than that specified under Subchapter D, Chapter 438.
	(c)  A food establishment that handles only prepackaged food 
and does not prepare or package food may not be required to have a 
certified food manager under this section.

Added by Acts 1999, 76th Leg., ch. 1378, § 7, eff. June 19, 1999.          


	§ 437.0076. CERTIFIED FOOD MANAGER.  (a) A county or 
public health district may require each fixed or mobile location 
retail establishment in which food is prepared on-site for sale to 
the public that holds a permit issued by the county or public health 
district to employ a food manager certified under Subchapter G, 
Chapter 438.
	(b)  The board may require each fixed or mobile location 
retail establishment in which food is prepared on-site for sale to 
the public that is required to be operated under a permit under 
Section 437.0055 to employ a food manager certified under 
Subchapter G, Chapter 438.
	(c)  An establishment that handles only prepackaged food and 
does not prepare or package food may not be required to have a 
certified food manager under this section.
	(d)  The board by rule may exempt establishments other than 
the establishments described by Subsection (c) from the requirement 
imposed under this section if the board determines that the 
application of the requirement to those establishments is not 
necessary to protect public health and safety.
	(e)  A county or public health district may exempt 
establishments other than the establishments exempt under 
Subsections (c) and (d) from the requirement imposed by the county 
or public health district under this section if the county or public 
health district determines that the application of the requirement 
to those establishments is not necessary to protect public health 
and safety.
	(f)  A child-care facility, as that term is defined by 
Section 42.002, Human Resources Code, is exempt from the 
requirements imposed under this section.

Added by Acts 2001, 77th Leg., ch. 317, § 1, eff. Sept. 1, 2001.           


	§ 437.008. PERMIT RENEWAL.  A county or public health 
district may require the annual renewal of a permit.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.009. INSPECTIONS.  Authorized agents or employees 
of the department, a county, or a public health district may enter 
the premises of a food service establishment, retail food store, 
mobile food unit, roadside food vendor, or 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 under state 
law, and orders adopted by the department, county, or district.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 448, § 1, eff. Sept. 1, 1999.


	§ 437.0095. DETENTION.  The commissioner or an authorized 
agent may detain an article of food that is located on the premises 
of a food service establishment, retail food store, mobile food 
unit, roadside food vendor, or temporary food service establishment 
and is adulterated or misbranded under Chapter 431.

Added by Acts 1999, 76th Leg., ch. 448, § 1, eff. Sept. 1, 1999.           


	§ 437.010. SUBMISSION OF PLANS AND SUBSEQUENT 
INSPECTION.  (a) Before issuing a permit, a county or public health 
district may require an applicant to provide plans of the food 
preparation, storage, and sales areas to determine if the applicant 
is in compliance with state law and rules adopted under state law 
governing the applicant.
	(b)  The county or public health district may deny the permit 
after initial inspection only if the applicant is not in compliance 
with the plans approved by the county or district.
	(c)  If the county or public health district finds on 
inspection that an applicant is not in compliance with state law and 
rules adopted under state law, the county or public health district 
may reinspect the applicant at a later date to determine if the 
applicant is in compliance.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.011. INSPECTION OF EXISTING ENTITIES ON ADOPTION OF 
ORDER.  (a) When a county or public health district requires a 
permit, the county or district shall make an initial inspection of 
the facilities of any existing entity applying for the permit.
	(b)  An existing entity is entitled to continue to operate 
pending its initial inspection.
	(c)  If the county or public health district determines on 
inspection that an entity does not meet the standards established 
by state law or rules adopted under state law, the county or 
district may start revocation proceedings as if the entity had 
obtained a permit.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.012. COUNTY AND PUBLIC HEALTH DISTRICT FEES.  (a) A 
county or public health district may require the payment of a fee 
for issuing or renewing a permit.
	(b)  Except as provided by Subsection (f), the fee charged by 
a county or public health district for issuing or renewing a permit 
may not exceed $150.
	(c)  Fees collected by a county under this chapter shall be 
deposited to the credit of a special fund of the county.  Fees 
collected by a public health district under this chapter shall be 
deposited to the credit of a special fund created by the cooperative 
agreement under which the district operates.
	(d)  Fees deposited as provided by this section may be spent 
only for conducting inspections required by this chapter and 
issuing permits.
	(e)  This section does not apply to a county or public health 
district covered by Section 437.0123.
	(f)  A county or public health district may, by rule or 
order, adopt a variable scale to determine the fee charged for a 
permit under this section.  In adopting a rule or order under this 
subsection, the county or public health district may consider:
		(1)  the size of the food service establishment, retail 
food store, mobile food unit, or roadside food vendor;
		(2)  the number of people employed at the food service 
establishment, retail food store, mobile food unit, or roadside 
food vendor;  and
		(3)  the gross sales of the food service establishment, 
retail food store, mobile food unit, or roadside food vendor.
	(g)  A fee charged under Subsection (f) may not exceed $300.                   
	(h)  The fee charged to a child care facility under this 
section may not exceed $150.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1993, 73rd Leg., ch. 617, § 3, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 156, § 2, eff. Sept. 1, 1997;  Acts 2001, 
77th Leg., ch. 72, § 1, eff. Sept. 1, 2001.


	§ 437.0123. COUNTY AND PUBLIC HEALTH DISTRICT FEES IN 
CERTAIN POPULOUS COUNTIES.  (a) A county that has a population of 
at least 2.8 million or a public health district at least part of 
which is in a county that has a population of at least 2.8 million 
may require the payment of a fee for issuing or renewing a permit or 
for performing an inspection to enforce this chapter or a rule 
adopted under this chapter.  A county with a population of at least 
2.8 million may require a trained food manager to be on duty during 
each day of operation of a food service establishment.  The training 
required of food managers can be no more extensive than that 
specified under Subchapter D, Chapter 438.  A food service 
establishment that handles only prepackaged food and does not 
prepare or package food may not be required to have a certified food 
manager under this section.
	(b)  A county or public health district that requires payment 
of a fee under Subsection (a) shall set the fee in an amount that 
allows the county or district to recover at least 50 percent of the 
annual expenditures by the county or district for:
		(1)  reviewing and acting on a permit;                                        
		(2)  amending and renewing a permit;  and                                     
		(3)  inspecting a facility as provided by this chapter 
and rules adopted under this chapter.
	(c)  Notwithstanding Subsection (b), the fee charged by a 
county or public health district may not exceed the highest fee 
charged by a municipality in the county or public health district or 
$300, whichever amount is less.
	(d)  Fees collected by a county under this chapter shall be 
deposited to the credit of a special fund of the county.  Fees 
collected by a public health district under this chapter shall be 
deposited to the credit of a special fund created by the cooperative 
agreement under which the district operates.
	(e)  Fees deposited as provided by this section may be spent 
only for a purpose described by Subsection (b).

Added by Acts 1997, 75th Leg., ch. 156, § 1, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 480, § 1, eff. Aug. 30, 
1999.


	§ 437.0125. DEPARTMENT FEES.  (a) The department shall 
collect fees for:  
		(1)  filing, renewing, or amending a permit;  and                             
		(2)  an inspection performed to enforce this chapter or 
a rule adopted under this chapter.
	(b)  The department may charge annual fees.                                    
	(c)  The board by rule shall set the fees in amounts that 
allow the department to recover at least 50 percent of the annual 
expenditures by the department for:
		(1)  reviewing and acting on a permit;                                        
		(2)  amending and renewing a permit;                                          
		(3)  inspecting a facility as provided by this chapter 
and rules adopted under this chapter;  and
		(4)  implementing and enforcing this chapter, 
including a rule or order adopted or a license issued by the 
department.
	(d)  The department shall spend not less than 50 percent of 
the permit fees collected to inspect facilities and to enforce and 
administer this chapter.
	(e)  All permit fees collected by the department under this 
chapter shall be deposited in the state treasury to the credit of 
the food and drug retail fee fund.

Added by Acts 1993, 73rd Leg., ch. 617, § 4, eff. Sept. 1, 1993.           


	§ 437.013. AUDITED STATEMENT.  (a) A county or public 
health district shall file an audited statement with the Texas 
Department of Health on or before January 15 of each year.
	(b)  The statement must include the receipts of funds 
collected under this chapter, all expenditures of funds, and fund 
balances.
	(c)  A county or public health district that fails to timely 
file the statement may not require the payment of a fee for issuing 
or renewing a permit until the statement is filed.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.014. DENIAL, SUSPENSION, OR REVOCATION OF 
PERMIT.  (a) A county or public health district may refuse to issue 
a permit or may suspend or revoke a permit if the county or district 
finds that the food service establishment, retail food store, 
mobile food unit, or roadside food vendor is not in compliance with 
state law, rules adopted under state law, or orders adopted by the 
county or district.
	(b)  A permit may be denied, suspended, or revoked only after 
notice and an opportunity for a hearing.
	(c)  A county or public health district that requires a 
permit to operate a food service establishment, retail food store, 
mobile food unit, or roadside food vendor shall adopt procedures 
for denying, suspending, or revoking a permit that afford due 
process to the applicant or permit holder.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER.  (a) 
The department shall 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 of the food service establishment, retail food 
store, mobile food unit, roadside food vendor, or temporary food 
service establishment if:
		(1)  the department finds the food service 
establishment, retail food store, mobile food unit, roadside food 
vendor, or temporary food service establishment is operating in 
violation of the standards prescribed by this chapter;  and
		(2)  the violation creates an immediate threat to the 
health and safety of the public.
	(b)  An order suspending a license or closing a food service 
establishment, retail food store, mobile food unit, roadside food 
vendor, or temporary food service 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.
	(c)  An order suspending a license or ordering an immediate 
closing of a food service establishment, retail food store, mobile 
food unit, roadside food vendor, or temporary food service 
establishment is valid for 10 days after the effective date of the 
order.

Added by Acts 1999, 76th Leg., ch. 448, § 1, eff. Sept. 1, 1999.           


	§ 437.015. INJUNCTION.  A city attorney, county attorney, 
or district attorney may sue in district court to enjoin a food 
service establishment, retail food store, mobile food unit, or 
roadside food vendor from operating without a permit if a permit is 
required.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.0155. DEPARTMENT INJUNCTION.  (a) If it appears 
that a person has violated, is violating, or threatens to violate 
this chapter or a rule adopted under this chapter, the department 
may institute a civil suit in a district court for injunctive relief 
to restrain the person from continuing the violation or threat of 
violation.
	(b)  The department may 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:
		(1)  a person is violating or threatening to violate 
this chapter or a rule or order adopted under this chapter;  and
		(2)  the violation or threatened violation creates an 
immediate threat to the health and safety of the public.
	(c)  On the department's request, the attorney general shall 
institute a suit in the name of the state for injunctive relief.
	(d)  In an action for injunctive relief under this section, 
the court may grant any prohibitory or mandatory injunction 
warranted by the facts, including temporary restraining orders, 
temporary injunctions, and permanent injunctions.  The court shall 
grant injunctive relief without a bond or other undertaking by the 
department.
	(e)  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.

Added by Acts 1999, 76th Leg., ch. 448, § 1, eff. Sept. 1, 1999.           


	§ 437.016. CRIMINAL PENALTY:  VIOLATION OF COUNTY AND 
PUBLIC HEALTH DISTRICT PERMIT REQUIREMENTS.  (a) A person commits 
an offense if the person operates a food service establishment, 
retail food store, mobile food unit, or roadside food vendor 
without a permit required by the county or public health district in 
which the entity is operating.
	(b)  An offense under this section is a Class C misdemeanor.                   
	(c)  Each day on which a violation occurs constitutes a 
separate offense.    

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1993, 73rd Leg., ch. 617, § 5, eff. Sept. 1, 1993.


	§ 437.0165. CRIMINAL PENALTY:  VIOLATION OF DEPARTMENT 
PERMIT REQUIREMENT.  (a) A person commits an offense if the person 
operates a food service establishment, retail food store, mobile 
food unit, or temporary food service establishment without a permit 
that is required by the department under Section 437.0055.
	(b)  An offense under this section is a Class A misdemeanor.                   
	(c)  Each day on which a violation occurs constitutes a 
separate offense.    

Added by Acts 1993, 73rd Leg., ch. 617, § 6, eff. Jan. 1, 1994.            


	§ 437.017. CONFLICT WITH ALCOHOLIC BEVERAGE CODE.  The 
Alcoholic Beverage Code and rules adopted by the Alcoholic Beverage 
Commission control to the extent of a conflict between this chapter 
or an order adopted under this chapter.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    


	§ 437.018. ADMINISTRATIVE PENALTY.  (a) The commissioner 
may impose an administrative penalty against a person who holds a 
permit or who is regulated under this chapter and who violates this 
chapter or a rule or order adopted under this chapter.
	(b)  The penalty for a violation may be in an amount not to 
exceed $10,000.  Each day a violation continues or occurs is a 
separate violation for purposes of imposing a penalty.
	(c)  The amount of the penalty shall be based on:                              
		(1)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of any prohibited acts, 
and the hazard or potential hazard created to the health, safety, or 
economic welfare of the public;
		(2)  the enforcement costs relating to the violation;                         
		(3)  the history of previous violations;                                      
		(4)  the amount necessary to deter future violations;                         
		(5)  efforts to correct the violation;  and                                   
		(6)  any other matter that justice may require.                               
	(d)  If the commissioner determines that a violation has 
occurred, the commissioner shall issue an order that states the 
facts on which the determination is based, including an assessment 
of the penalty.
	(e)  Within 14 days after the date the order is issued, the 
commissioner shall give written notice of the order to the person.  
The notice may be given by certified mail.  The notice must include 
a brief summary of the alleged violation and a statement of the 
amount of the recommended penalty and must inform the person that 
the person has a right to a hearing on the occurrence of the 
violation, the amount of the penalty, or both the occurrence of the 
violation and the amount of the penalty.
	(f)  Within 20 days after the date the person receives the 
notice, the person in writing may accept the determination and 
recommended penalty of the commissioner or may make a written 
request for a hearing on the occurrence of the violation, the amount 
of the penalty, or both the occurrence of the violation and the 
amount of the penalty.
	(g)  If the person accepts the determination and recommended 
penalty of the commissioner, the commissioner by order shall 
approve the determination and impose the recommended penalty.
	(h)  If the person requests a hearing or fails to respond 
timely to the notice, the commissioner shall set a hearing and give 
notice of the hearing to the person.  An administrative law judge 
shall make findings of fact and conclusions of law and promptly 
issue to the commissioner a proposal for a decision about the 
occurrence of the violation and the amount of a proposed penalty.  
Based on the findings of fact, conclusions of law, and proposal for 
a decision, the commissioner by order may find that a violation has 
occurred and impose a penalty or may find that no violation 
occurred.
	(i)  The notice of the commissioner's order given to the 
person under Chapter 2001, Government Code must include a statement 
of the right of the person to judicial review of the order.
	(j)  Within 30 days after the date the board's order is final 
as provided by Subchapter F, Chapter 2001, Government Code, the 
person shall:
		(1)  pay the amount of the penalty;                                           
		(2)  pay the amount of the penalty and file a petition 
for judicial review contesting the occurrence of the violation, the 
amount of the penalty, or both the occurrence of the violation and 
the amount of the penalty;  or
		(3)  without paying the amount of the penalty, file a 
petition for judicial review contesting the occurrence of the 
violation, the amount of the penalty, or both the occurrence of the 
violation and the amount of the penalty.
	(k)  Within the 30-day period, a person who acts under 
Subsection (j)(3) of this section may:
		(1)  stay enforcement of the penalty by:                                      
			(A)  paying the amount of the penalty to the court 
for placement in an escrow account;  or
			(B)  giving to the court a supersedeas bond that 
is approved by the court for the amount of the penalty and that is 
effective until all judicial review of the board's order is final;  
or
		(2)  request the court to stay enforcement of the 
penalty by:               
			(A)  filing with the court a sworn affidavit of 
the person stating that the person is financially unable to pay the 
amount of the penalty and is financially unable to give the 
supersedeas bond;  and
			(B)  giving a copy of the affidavit to the 
commissioner by certified mail. 
	(l)  The commissioner on receipt of a copy of an affidavit 
under Subsection (k)(2) of this section may file with the court, 
within five days after the date the copy is received, a contest to 
the affidavit.  The court shall hold a hearing on the facts alleged 
in the affidavit as soon as practicable and shall stay the 
enforcement of the penalty on finding that the alleged facts are 
true.  The person who files an affidavit has the burden of proving 
that the person is financially unable to pay the amount of the 
penalty and to give a supersedeas bond.
	(m)  If the person does not pay the amount of the penalty and 
the enforcement of the penalty is not stayed, the commissioner may 
refer the matter to the attorney general for collection of the 
amount of the penalty.
	(n)  Judicial review of the order of the commissioner:                         
		(1)  is instituted by filing a petition as provided by 
Subchapter G, Chapter 2001, Government Code;  and
		(2)  is under the substantial evidence rule.                                  
	(o)  If the court sustains the occurrence of the violation, 
the court may uphold or reduce the amount of the penalty and order 
the person to pay the full or reduced amount of the penalty.  If the 
court does not sustain the occurrence of the violation, the court 
shall order that no penalty is owed.
	(p)  When the judgment of the court becomes final, the court 
shall proceed under this subsection.  If the person paid the amount 
of the penalty and if that amount is reduced or is not upheld by the 
court, the court shall order that the appropriate amount plus 
accrued interest be remitted to the person.  The rate of the 
interest is the rate charged on loans to depository institutions by 
the New York Federal Reserve Bank, and the interest shall be paid 
for the period beginning on the date the penalty was paid and ending 
on the date the penalty is remitted.  If the person gave a 
supersedeas bond and if the amount of the penalty is not upheld by 
the court, the court shall order the release of the bond.  If the 
person gave a supersedeas bond and if the amount of the penalty is 
reduced, the court shall order the release of the bond after the 
person pays the amount.
	(q)  A penalty collected under this section shall be remitted 
to the comptroller for deposit in the general revenue fund.
	(r)  All proceedings under this section are subject to 
Chapter 2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 617, § 6, eff. Jan. 1, 1994.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), (53), (59), 
eff. Sept. 1, 1995.


	§ 437.019. EXEMPTION FOR CERTAIN BED AND BREAKFAST 
ESTABLISHMENTS.  (a) Except as provided by Subsection (c), a bed 
and breakfast establishment with seven or fewer rooms for rent that 
serves only breakfast to its overnight guests is not a food service 
establishment for purposes of this chapter.  An owner or manager of 
a bed and breakfast establishment covered by this subsection shall 
successfully complete a food manager's certification course 
accredited by the department.
	(b)  Except as provided by Subsection (c), a bed and 
breakfast establishment that has more than seven rooms for rent, or 
that provides food service other than breakfast to its overnight 
guests, is a food service establishment for purposes of this 
chapter but may not be required to meet all criteria applicable to a 
larger food service establishment such as a restaurant.  The board, 
commissioners court, governing body, or administrative board, as 
applicable, shall adopt minimum standards for a bed and breakfast 
establishment covered by this subsection.
	(c)  A bed and breakfast establishment that provides food 
service other than to overnight guests is a food service 
establishment for purposes of this chapter and is subject to all 
rules and regulations applicable to a food service establishment.

Added by Acts 1995, 74th Leg., ch. 689, § 1, eff. June 15, 1995.           


	§ 437.020. PRODUCE SAMPLES AT MUNICIPALLY OWNED FARMERS' 
MARKETS.  (a) Except as provided by Subsection (b):
		(1)  this chapter does not regulate the provision of 
samples of produce to consumers at a municipally owned farmers' 
market;  and
		(2)  a rule adopted under state law may not regulate the 
provision of samples of produce to consumers at a municipally owned 
farmers' market.
	(b)  Produce samples may only be distributed at a municipally 
owned farmers' market if the following sanitary conditions exist:
		(1)  produce samples must be kept in approved, clean, 
and covered containers;
		(2)  produce samples must be distributed in a sanitary 
manner;              
		(3)  clean, disposable plastic gloves must be used when 
cutting produce samples;
		(4)  produce intended for sampling must be washed in 
potable water to remove any soil or other material so that it is 
wholesome and safe for consumption;
		(5)  potable water must be available for hand washing 
and sanitizing as approved by the local or state enforcement 
agency;
		(6)  potentially hazardous cut produce, as determined 
by rule of the department, must be maintained at or below 41 degrees 
Fahrenheit, and produce samples must be disposed of within two 
hours after cutting;
		(7)  utensil and hand washing water must be disposed of 
in a facility connected to the public sewer system or in a manner 
approved by the local or state enforcement agency;  and
		(8)  utensils and cutting surfaces must be smooth, 
nonabsorbent, and easily cleaned or disposed of as approved by the 
local or state enforcement agency.

Added by Acts 2005, 79th Leg., ch. 191, § 1, eff. May 27, 2005.