S.B. No. 577
 
 
 
 
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)  A municipality or public health district of which the
  municipality is a member may not conduct an inspection to determine
  compliance with an ordinance the municipality adopts that differs
  from state law or department rules or orders before the 60th day
  following the date the municipality or district submits a copy of
  the ordinance 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
  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.  MUNICIPAL ORDINANCE REGISTRY. The
  department shall establish and maintain on the department's
  Internet website a registry for municipal ordinances submitted
  under Section 437.009(b) and post in the registry each submitted
  ordinance not later than the 10th day after the date the department
  receives the ordinance.
         Sec. 437.01235.  FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
  PERMIT OR LICENSE. A county or a municipality with a public health
  district that charges a fee for issuance or renewal of a permit
  under Section 437.012 or 437.0123 for a premises located in the
  county or municipality and 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 issuance of an
  alcoholic beverage permit or license for the premises.
         Sec. 437.027.  PROHIBITED RESTRICTIONS ON PACKAGING,
  UTENSILS, AND STRAWS. Notwithstanding any other law, the
  department, a county, a municipality, or a public health district
  may not restrict the type or quantity of packaging, utensils, or
  straws a food service establishment, retail food store, mobile food
  unit, roadside food vendor, or temporary food service establishment
  provides to customers.
         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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 577 passed the Senate on
  April 27, 2023, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 577 passed the House on
  May 12, 2023, by the following vote:  Yeas 137, Nays 3,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor