| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulation of food service establishments, retail food |
|
|
stores, mobile food units, roadside food vendors, temporary food |
|
|
service establishments, and food managers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 437, Health and Safety Code, is amended |
|
|
by amending Section 437.009 and adding Sections 437.0091, |
|
|
437.01235, and 437.027 to read as follows: |
|
|
Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION |
|
|
OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a) |
|
|
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: |
|
|
(1) state law, including a requirement to hold and |
|
|
display written authorization under Section 437.021; |
|
|
(2) rules adopted under state law; and |
|
|
(3) orders adopted by the department, county, or |
|
|
district. |
|
|
(b) Notwithstanding Subsection (a), a county or a public |
|
|
health district may conduct an inspection to determine compliance |
|
|
with an order the county or district issues that differs from state |
|
|
law or department rules or orders only on or after the 60th day |
|
|
following the date the county or district submits a copy of the |
|
|
order to the department for inclusion in the registry established |
|
|
under Section 437.0091. |
|
|
(c) Notwithstanding any other law, the department, a |
|
|
county, a municipality, or a public health district, including an |
|
|
authorized agent or employee, that conducts an inspection as |
|
|
authorized under this section may not take disciplinary action |
|
|
against or otherwise penalize a food service establishment, retail |
|
|
food store, mobile food unit, roadside food vendor, or temporary |
|
|
food service establishment for failing to adhere to easily |
|
|
cleanable surface requirements for wall and ceiling surfaces, |
|
|
decorative items, or attachments in a consumer area, provided the |
|
|
surfaces, items, or attachments are kept clean. For purposes of |
|
|
this subsection, a consumer area includes a dining room, outdoor |
|
|
dining area, or bar seating area in which customers consume food but |
|
|
does not include a table, bar top, or other similar surface where |
|
|
food is regularly prepared or consumed. |
|
|
Sec. 437.0091. LOCAL ORDER REGISTRY. The department shall |
|
|
establish and maintain on the department's Internet website a |
|
|
registry for orders submitted as required under Section 437.009(b) |
|
|
and post in the registry each submitted order not later than the |
|
|
10th day after the date the department receives the order. |
|
|
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE |
|
|
PERMIT OR LICENSE. A county or a municipality with a public health |
|
|
district that requires the payment of a fee for issuing or renewing |
|
|
a permit under Section 437.012 or 437.0123 for a premises permitted |
|
|
or licensed by the Texas Alcoholic Beverage Commission may not also |
|
|
charge a fee under Section 11.38 or 61.36, Alcoholic Beverage Code, |
|
|
for an alcoholic beverage permit or license issued for premises |
|
|
located in the county or municipality. |
|
|
Sec. 437.027. SOUND REGULATIONS. Notwithstanding any other |
|
|
law, the department, a county, a municipality, or a public health |
|
|
district may not require a food service establishment to obtain a |
|
|
sound regulation permit, charge a sound regulation fee to the |
|
|
establishment, or otherwise prohibit sound-related activity at the |
|
|
establishment if the establishment: |
|
|
(1) accepts delivery of supplies only for one hour or |
|
|
less between 5 a.m. and 11 p.m. and delivery of food, water, or ice |
|
|
only after 11 p.m., provided the sound level from the deliveries |
|
|
does not exceed 75 dBA when measured from the residential property |
|
|
closest in proximity to the establishment, excluding traffic and |
|
|
other background noise that can be reasonably excluded; and |
|
|
(2) limits the use of amplified sound for playing |
|
|
music or amplifying human speech within the establishment's indoor |
|
|
or outside property boundaries to ensure: |
|
|
(A) the amplified sound is not used after 10 p.m. |
|
|
on Sunday through Thursday and 11 p.m. on Friday and Saturday; and |
|
|
(B) the amplified sound level does not exceed 75 |
|
|
dBA when measured at the establishment's outermost property |
|
|
perimeter, excluding traffic and other background noise that can be |
|
|
reasonably excluded. |
|
|
SECTION 2. Subchapter G, Chapter 438, Health and Safety |
|
|
Code, is amended by adding Section 438.1055 to read as follows: |
|
|
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER |
|
|
CARD OR LOCAL FEE. A local health jurisdiction may not require a |
|
|
food manager who holds a food manager certificate issued under this |
|
|
subchapter to hold a local food manager card or charge a fee for |
|
|
issuance of the certificate under this subchapter. |
|
|
SECTION 3. (a) As soon as practicable after the effective |
|
|
date of this Act, the Department of State Health Services shall |
|
|
establish the registry required under Section 437.0091, Health and |
|
|
Safety Code, as added by this Act. |
|
|
(b) The changes in law made by this Act apply only to an |
|
|
inspection conducted or order issued on or after the effective date |
|
|
of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |