88R4078 SRA-F
 
  By: Harris of Anderson H.B. No. 1247
 
 
 
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.