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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of certain mobile food service |
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establishments in more than one 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 MORE |
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THAN ONE COUNTY |
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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. REQUEST FOR AUTHORIZATION TO OPERATE IN |
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ANOTHER COUNTY. (a) Before operating in a county other than a |
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mobile food service establishment's county of origin, or the county |
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that includes the establishment's public health district of origin, |
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the establishment shall request authorization to operate in another |
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county by submitting to the other county: |
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(1) a copy of the establishment's permit issued in |
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accordance with Chapter 437 by the establishment's county of origin |
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or public health district of origin, as applicable; |
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(2) a copy of the establishment's mobile food unit or |
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roadside food vendor permit or license issued by the department, as |
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applicable; and |
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(3) a list of each county in which the establishment is |
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authorized to operate. |
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(b) A mobile food service establishment shall submit the |
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information required by Subsection (a) in person, by e-mail, or |
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through an electronic form on the county's website, if available. |
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Sec. 437A.003. VERIFICATION OF INFORMATION; AUTHORIZATION |
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TO OPERATE IN ANOTHER COUNTY. (a) On receipt of a request under |
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Section 437A.002, the county shall verify, using the department's |
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database established under 437A.008 or by directly contacting each |
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relevant county, that the mobile food service establishment's |
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permit or license is in good standing in each county in which the |
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establishment is authorized to operate. |
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(b) On verification that the mobile food service |
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establishment's permit or license is in good standing in each |
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county in which the establishment is authorized to operate, the |
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county shall authorize the establishment to operate in the county. |
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The county has regulatory authority over the establishment's |
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operations within the county as provided by Chapter 437. |
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Sec. 437A.004. REFUSAL TO AUTHORIZE OPERATION WITHIN |
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COUNTY. (a) A county may refuse to authorize a mobile food service |
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establishment to operate in the county if the establishment is not |
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in good standing in the establishment's county of origin or public |
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health district of origin or if the county or district has imposed |
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on the establishment a citation or fine that raises public health |
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and safety concerns. |
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(b) If a county refuses to authorize a mobile food service |
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establishment to operate in the county, the county shall provide |
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the establishment with written notice regarding the basis for the |
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county's refusal and advise the establishment of any remedial |
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actions the establishment may take to become eligible for |
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authorization to operate in the county. |
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Sec. 437A.005. COUNTY RESPONSE TO REQUEST. A county shall |
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approve or deny a mobile food service establishment's request to |
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operate in the county not later than the third business day after |
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the date the county receives the establishment's request for |
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authorization to operate and all information required under Section |
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437A.002. |
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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 in a county in which the establishment is authorized to |
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operate under this chapter. |
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(b) A county shall use discretion when inspecting a mobile |
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food service establishment that is operating in multiple counties |
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and has superior scores for previous inspections to ensure the |
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establishment is not inspected more frequently than necessary to |
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protect public health and safety. |
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(c) A mobile food service establishment shall allow a county |
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access to the establishment for an inspection when the |
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establishment is operating in the county. |
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(d) If an inspection by a county other than the mobile food |
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service establishment's county of origin, or the county that |
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includes the establishment's public health district of origin, |
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results in a violation, the other county: |
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(1) shall notify the department of the violation; |
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(2) may notify the establishment's county or public |
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health district of origin and any other county in which the |
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establishment is authorized to operate of the violation; and |
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(3) may issue a fine to the establishment or suspend |
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the establishment's authority to operate in the other county. |
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Sec. 437A.007. PERMIT OR LICENSE RENEWAL; NOTICE. A mobile |
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food service establishment annually shall renew the |
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establishment's original permit or license and shall provide each |
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county in which the establishment is authorized to operate a copy of |
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the establishment's renewal permit or license before operating |
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under the renewal permit or license. |
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Sec. 437A.008. DEPARTMENT DATABASE. (a) The department |
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shall establish and maintain a statewide database for use by the |
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department and counties that includes: |
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(1) the name of each mobile food unit and roadside food |
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vendor permit or license holder; |
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(2) the results of each health inspection of a mobile |
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food unit or roadside food vendor, including the inspection report; |
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(3) each public complaint filed against a mobile food |
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service establishment or the establishment's mobile food units or |
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roadside food vendors; and |
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(4) itineraries submitted under Subsection (c). |
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(b) Each county and public health district shall submit in |
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the form and manner required by the department the information the |
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department requires to maintain the database. |
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(c) A mobile food service establishment may periodically |
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submit to the department an itinerary for the planned locations of |
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the establishment's mobile food units and roadside food vendors for |
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inclusion in the department's database. |
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Sec. 437A.009. EXPEDITED AUTHORIZATION PROCESS. The |
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department may establish for use by counties an expedited |
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authorization process for mobile food service establishments that |
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is consistent with this chapter. |
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Sec. 437A.010. RULES. The executive commissioner may adopt |
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the rules necessary to implement this chapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, but not later than January 1, 2024, the Department of |
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State Health Services shall establish the database as required by |
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Section 437A.008, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |