H.B. No. 2878
 
 
 
 
AN ACT
  relating to the operation in certain counties of mobile food
  service establishments in more than one municipality within the
  county.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Health and Safety Code, is
  amended by adding Chapter 437A to read as follows:
  CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
  CERTAIN COUNTIES IN MORE THAN ONE MUNICIPALITY
         Sec. 437A.001.  DEFINITIONS. In this chapter:
               (1)  "Food," "mobile food unit," and "roadside food
  vendor" have the meanings assigned by rules adopted under Chapter
  437.
               (2)  "Mobile food service establishment" means one or
  more mobile food units or roadside food vendors operating from a
  single preparation facility under the managerial authority of a
  single permit or license holder.
         Sec. 437A.002.  APPLICABILITY. This chapter applies only to
  a county:
               (1)  with a population of more than 2.1 million; and
               (2)  in which is located partly or wholly:
                     (A)  an airport operating under Subchapter D,
  Chapter 22, Transportation Code; and
                     (B)  an airport owned by the principal
  municipality in the county that does not offer commercial air
  service.
         Sec. 437A.003.  COUNTY PERMIT REQUIRED. (a)
  Notwithstanding any other law, a mobile food service establishment
  may not operate in a county to which this chapter applies unless the
  establishment obtains a permit from the county.
         (b)  A permit issued by a county under this chapter must
  authorize a mobile food service establishment to operate in any
  municipality located in the county.
         (c)  A permit issued by a county under this chapter is
  considered a permit issued by a county under Chapter 437 for
  purposes of that chapter.
         Sec. 437A.004.  COUNTY RESPONSE TO PERMIT APPLICATION. A
  county shall approve or deny a mobile food service establishment's
  application for a permit to operate in the county not later than the
  third business day after the date the county receives the
  application and all information necessary for the county to
  consider the application.
         Sec. 437A.005.  REFUSAL TO ISSUE PERMIT. (a) A county may
  refuse to issue a permit for a mobile food service establishment to
  operate in the county if the establishment is not in good standing
  in another jurisdiction or if the county has previously imposed on
  the establishment a citation or fine that raises public health and
  safety concerns.
         (b)  If a county refuses to issue a permit authorizing a
  mobile food service establishment to operate in the county, the
  county shall provide the establishment with written notice
  regarding the basis for the county's refusal and advise the
  establishment of any remedial actions the establishment may take to
  become eligible for a permit.
         Sec. 437A.006.  INSPECTION BY COUNTY. (a) A mobile food
  service establishment is subject to periodic and unannounced
  inspections by the county that issues the permit to operate in the
  county under this chapter.
         (b)  A mobile food service establishment shall allow the
  county access to the establishment for an inspection.
         (c)  If an inspection by the county determines a mobile food
  service establishment committed a violation, the county may issue a
  fine to the establishment or suspend the establishment's permit.
         Sec. 437A.007.  PERMIT RENEWAL; NOTICE. A mobile food
  service establishment annually shall renew the establishment's
  permit under this chapter.
         Sec. 437A.008.  RULES. The executive commissioner may adopt
  the rules necessary to implement this chapter.
         SECTION 2.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2878 was passed by the House on May 2,
  2023, by the following vote:  Yeas 142, Nays 2, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2878 was passed by the Senate on May
  24, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor