BILL ANALYSIS

 

 

Senate Research Center	S.B. 1358
89R6036 SRA-F	By: Parker
	Business & Commerce
	3/13/2025
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas businesses currently face a patchwork of local noise and delivery regulations that create operational challenges for foodservice establishments and their industry partners.  This bill seeks to streamline operations for food service establishments and distributors by removing certain regulatory burdens related to noise from essential supply deliveries, thereby potentially reducing operational costs and improving service efficiency during late-night hours.

 

S.B. 1358 maintains the focus on food safety while also streamlining certain noise-related restaurant regulations across the state.

 

S.B. 1358 adds Section 437.029 to the Health and Safety Code, relating to the regulation of certain late night and overnight deliveries of food and supplies to food service establishments. 

 

As proposed, S.B. 1358 amends current law relating to prohibited local regulations regarding certain late-night and overnight deliveries to food service establishments.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 437, Health and Safety Code, by adding Section 437.029, as follows:

 

Sec. 437.029.� PROHIBITED LOCAL REGULATIONS RELATING TO CERTAIN LATE-NIGHT AND OVERNIGHT DELIVERIES TO FOOD SERVICE ESTABLISHMENTS. Prohibits the Department of State Health Services, a county, a municipality, or a public health district, notwithstanding any other law, from requiring a food service establishment to obtain a sound regulation permit, charge a sound regulation fee to an establishment, or otherwise prohibit sound-related activity at an establishment for sound arising from the delivery of food, nonalcoholic beverages, food service supplies, or ice to the establishment if the establishment accepts delivery of those items for one hour or less between 10 p.m. and 5 a.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.

 

SECTION 2. Effective date: September 1, 2025.