BILL ANALYSIS

H.B. 1449

By: Capriglione

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 88th Texas Legislature passed H.B. 2878 to allow certain counties to pilot a new program under which the county issues permits for mobile food service establishments that operate in multiple municipalities within the county. The bill author has informed the committee that previously such an establishment had to obtain a separate permit from each municipality in which they operated and that in a time of inflation, when margins are stretched thin, spending extra time and money on additional permits is a costly barrier to doing business for many of these establishments. The bill author has further informed the committee that the change in permitting has been well received by the operators of these establishments but that there are improvements that can be made to the program. H.B. 1449 seeks to expand the program to additional counties and to fix issues that have arisen with the program in order to simplify the permitting process, prevent excessive fees, and allow mobile food service establishments to operate without unnecessary government interference.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1449 amends the Health and Safety Code to expand the applicability of provisions relating to county permitting of mobile food service establishments from applying only to a county with a population of more than 2.1 million and in which is located partly or wholly both a jointly operated airport and an airport owned by the principal municipality in the county that does not offer commercial air service to applying more broadly to any county with a population of more than one million.

H.B. 1449 authorizes an applicable county to delegate to a municipality located wholly or partly in the county the inspection of a mobile food service establishment operating in the municipality but prohibits a municipality so located from requiring a permit or similar authorization, other than the required county permit, for such an establishment to operate in the municipality. The bill requires a county imposing a fee for an issued or renewed permit to set the fee in an amount not to exceed the amount necessary to recover the annual expenditures for the following:

· reviewing and issuing or otherwise acting on permits;

· amending and renewing permits;

· inspecting mobile food service establishments, including a municipality's expenses for delegated inspections; and

· otherwise administering applicable statutory provisions and rules.

H.B. 1449 applies to an ordinance, rule, regulation, policy, or procedure adopted before, on, or after the bill's effective date.

H.B. 1449 repeals Section 437.0073, Health and Safety Code, relating to the requirement that a mobile food unit in a municipality with a population of 1.5 million or more possess a municipal medallion issued by the municipality's health officer in order to operate.

EFFECTIVE DATE

September 1, 2025.