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