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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of off-site restaurant meal service |
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operations: |
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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 adding definitions to Section 437.001 (2-b),(6) and (7), with |
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all existing and succeeding sections being renumbered accordingly, |
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to read as follows: |
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Sec. 437.001. DEFINITIONS. In this chapter: |
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(2-b) "Catering operation" means food service conducted by |
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an off-site restaurant meal operator where food is prepared for |
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delivery and is meant to be served and consumed at a location other |
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than the premises of the off-site restaurant meal operator. |
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(6) "Meal service broker" means a person or company who |
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contracts with an off-site restaurant meal operator to conduct an |
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off-site restaurant operation for a non-food establishment or |
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non-temporary food establishment. |
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(7) "Off-site restaurant meal operator" means a food |
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establishment or temporary food establishment, licensed under this |
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chapter, which contracts with a non-food establishment or |
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non-temporary food establishment to provide an off-site restaurant |
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operation at a location other than the premises of the license |
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holder. |
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(8) "Off-site restaurant operations" means sales of |
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individual meals conducted by an off-site restaurant meal operator |
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where food is prepared for delivery and is meant to be served and |
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consumed at a location other than the premises of the off-site |
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restaurant operator. |
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SECTION 2. Chapter 437, Health & Safety Code, is amended by |
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adding Section 437.031 to read as follows: |
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Sec. 437.031. OFF-SITE RESTAURANT OPERATIONS CONDUCTED BY |
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AN OFF-SITE RESTAURANT MEAL OPERATOR. (a) The holder of a license |
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issued under this chapter may conduct an off-site restaurant |
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operation directly, or utilizing a meal service broker at a |
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location other than the premises of the license holder if: |
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(1) the off-site location is within or adjacent to a |
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commercial building; |
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(2) all food is prepared at the premises of the license |
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holder for transportation by the license holder to the off-site |
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location; |
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(3) the off-site restaurant service is provided for no |
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more than 4 hours per day at the off-site location; |
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(4) the off-site restaurant service shall include |
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supplies, utensils and linens as required by rules adopted under |
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this chapter; |
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(5) food shall be time or temperature controlled, as |
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necessary, at the off-site location as required by rules adopted |
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under this chapter; |
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(6) access to toilets, urinals, and portable or |
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plumbed handwashing sink shall be provided at the off-site location |
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as required by rules adopted under this chapter. |
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(b) A municipality, a county, a public health district or |
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the department may not require a license holder to obtain a separate |
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license to operate an off-site restaurant meal service other than |
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the license by that municipality, county, public health district or |
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the department required of an off-site restaurant meal operator |
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engaged in catering operations in the jurisdiction. |
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(c) A municipality, a county, a public health district or |
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the department may not require a meal service broker to obtain a |
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license. |
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SECTION 3. This Act takes effect September 1, 2019. |