By: Lozano H.B. No. 4346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of off-site restaurant meal service
  operations:
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding definitions to Section 437.001 (2-b),(6) and (7), with
  all existing and succeeding sections being renumbered accordingly,
  to read as follows:
         Sec. 437.001.  DEFINITIONS.  In this chapter:
         (2-b)  "Catering operation" means food service conducted by
  an off-site restaurant meal operator where food is prepared for
  delivery and is meant to be served and consumed at a location other
  than the premises of the off-site restaurant meal operator.
         (6)  "Meal service broker" means a person or company who
  contracts with an off-site restaurant meal operator to conduct an
  off-site restaurant operation for a non-food establishment or
  non-temporary food establishment.
         (7)  "Off-site restaurant meal operator" means a food
  establishment or temporary food establishment, licensed under this
  chapter, which contracts with a non-food establishment or
  non-temporary food establishment to provide an off-site restaurant
  operation at a location other than the premises of the license
  holder.
         (8)  "Off-site restaurant operations" means sales of
  individual meals conducted by an off-site restaurant meal operator
  where food is prepared for delivery and is meant to be served and
  consumed at a location other than the premises of the off-site
  restaurant operator.
         SECTION 2.  Chapter 437, Health & Safety Code, is amended by
  adding Section 437.031 to read as follows:
         Sec. 437.031.  OFF-SITE RESTAURANT OPERATIONS CONDUCTED BY
  AN OFF-SITE RESTAURANT MEAL OPERATOR.  (a)  The holder of a license
  issued under this chapter may conduct an off-site restaurant
  operation directly, or utilizing a meal service broker at a
  location other than the premises of the license holder if:
               (1)  the off-site location is within or adjacent to a
  commercial building;
               (2)  all food is prepared at the premises of the license
  holder for transportation by the license holder to the off-site
  location;
               (3)  the off-site restaurant service is provided for no
  more than 4 hours per day at the off-site location;
               (4)  the off-site restaurant service shall include
  supplies, utensils and linens as required by rules adopted under
  this chapter;
               (5)  food shall be time or temperature controlled, as
  necessary, at the off-site location as required by rules adopted
  under this chapter;
               (6)  access to toilets, urinals, and portable or
  plumbed handwashing sink shall be provided at the off-site location
  as required by rules adopted under this chapter.
         (b)  A municipality, a county, a public health district or
  the department may not require a license holder to obtain a separate
  license to operate an off-site restaurant meal service other than
  the license by that municipality, county, public health district or
  the department required of an off-site restaurant meal operator
  engaged in catering operations in the jurisdiction.
         (c)  A municipality, a county, a public health district or
  the department may not require a meal service broker to obtain a
  license.
         SECTION 3.  This Act takes effect September 1, 2019.