Tex. Health & Safety Code § 440.006 · Subchapter A. GENERAL PROVISIONS
POWERS OF EXECUTIVE COMMISSIONER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The executive commissioner may:
(1) adopt rules prescribing standards or related requirements for the operation of establishments for the manufacture of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products, including standards or requirements for the:
(A) health, cleanliness, education, and training of personnel who are employed in the establishments;
(B) protection of raw materials, manufactured merchandise, and merchandise held for sale;
(C) design, construction, installation, and cleanliness of equipment and utensils;
(D) sanitary facilities and controls of the establishments;
(E) establishment construction and maintenance, including vehicles;
(F) production processes and controls; and
(G) institution and content of a system of records to be maintained by the establishment; and
(2) adopt rules prescribing procedures for the enforcement of the standards or related requirements prescribed under Subdivision (1), including procedures for the:
(A) requirement of a valid license to operate an establishment;
(B) issuance, suspension, revocation, and reinstatement of licenses;
(C) administrative hearings held under this chapter;
(D) institution of certain court proceedings by the department or its designee;
(E) inspection of establishments and securing of samples of frozen desserts, imitation frozen desserts, products sold in semblance of frozen desserts, or mixes for those products;
(F) access to the establishments and to the vehicles used in operations;
(G) compliance by manufacturers outside the jurisdiction of the state; and
(H) review of plans for future construction.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 167, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1150, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.440.htm
- Text hash
- sha256 3299c8e28ddd281d165657efd9e766082b2c11a6385684fc9569fbbfefa17f48
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
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