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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of food service establishments, retail food |
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stores, mobile food units, roadside food vendors, temporary food |
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service establishments, and food managers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by amending Section 437.009 and adding Sections 437.0091, |
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437.01235, and 437.027 to read as follows: |
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Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION |
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OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a) |
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Authorized agents or employees of the department, a county, or a |
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public health district may enter the premises of a food service |
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establishment, retail food store, mobile food unit, roadside food |
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vendor, or temporary food service establishment under the |
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department's, county's, or district's jurisdiction during normal |
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operating hours to conduct inspections to determine compliance |
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with: |
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(1) state law, including a requirement to hold and |
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display written authorization under Section 437.021; |
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(2) rules adopted under state law; and |
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(3) orders adopted by the department, county, or |
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district. |
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(b) A municipality or public health district of which the |
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municipality is a member may not conduct an inspection to determine |
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compliance with an ordinance the municipality adopts that differs |
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from state law or department rules or orders before the 60th day |
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following the date the municipality or district submits a copy of |
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the ordinance to the department for inclusion in the registry |
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established under Section 437.0091. |
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(c) Notwithstanding any other law, the department, a |
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county, a municipality, or a public health district, including an |
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authorized agent or employee, that conducts an inspection |
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authorized under this section may not take disciplinary action |
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against or otherwise penalize a food service establishment, retail |
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food store, mobile food unit, roadside food vendor, or temporary |
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food service establishment for failing to adhere to easily |
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cleanable surface requirements for wall and ceiling surfaces, |
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decorative items, or attachments in a consumer area, provided the |
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surfaces, items, or attachments are kept clean. For purposes of |
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this subsection, a consumer area includes a dining room, outdoor |
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dining area, or bar seating area in which customers consume food but |
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does not include a table, bar top, or other similar surface where |
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food is regularly prepared or consumed. |
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Sec. 437.0091. MUNICIPAL ORDINANCE REGISTRY. The |
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department shall establish and maintain on the department's |
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Internet website a registry for municipal ordinances submitted |
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under Section 437.009(b) and post in the registry each submitted |
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ordinance not later than the 10th day after the date the department |
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receives the ordinance. |
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Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE |
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PERMIT OR LICENSE. A county or a municipality with a public health |
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district that charges a fee for issuance or renewal of a permit |
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under Section 437.012 or 437.0123 for a premises located in the |
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county or municipality and permitted or licensed by the Texas |
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Alcoholic Beverage Commission may not also charge a fee under |
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Section 11.38 or 61.36, Alcoholic Beverage Code, for issuance of an |
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alcoholic beverage permit or license for the premises. |
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Sec. 437.027. PROHIBITED RESTRICTIONS ON PACKAGING, |
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UTENSILS, AND STRAWS. Notwithstanding any other law, the |
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department, a county, a municipality, or a public health district |
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may not restrict the type or quantity of packaging, utensils, or |
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straws a food service establishment, retail food store, mobile food |
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unit, roadside food vendor, or temporary food service establishment |
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provides to customers. |
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SECTION 2. Subchapter G, Chapter 438, Health and Safety |
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Code, is amended by adding Section 438.1055 to read as follows: |
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Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER |
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CARD OR LOCAL FEE. A local health jurisdiction may not require a |
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food manager who holds a food manager certificate issued under this |
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subchapter to hold a local food manager card or charge a fee for |
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issuance of the certificate under this subchapter. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act, the Department of State Health Services shall |
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establish the registry required under Section 437.0091, Health and |
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Safety Code, as added by this Act. |
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(b) The changes in law made by this Act apply only to an |
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inspection conducted or order issued on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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