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A BILL TO BE ENTITLED
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AN ACT
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relating to permits for mobile food service establishments |
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operating in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 437A, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN |
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[CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN |
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MORE THAN ONE MUNICIPALITY] |
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SECTION 2. Section 437A.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 437A.002. APPLICABILITY. This chapter applies only |
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to a county[: |
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[(1)] with a population of more than one [2.1] million |
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[; 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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SECTION 3. The heading to Section 437A.006, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 437A.006. INSPECTION [BY COUNTY]. |
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SECTION 4. Section 437A.006, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A county to which this chapter applies may delegate to a |
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municipality located wholly or partly in the county the inspection |
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of a mobile food service establishment operating in the |
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municipality. |
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SECTION 5. Chapter 437A, Health and Safety Code, is amended |
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by adding Sections 437A.0075 and 437A.0077 to read as follows: |
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Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS. |
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A municipality located wholly or partly in a county to which this |
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chapter applies may not require a permit or similar authorization, |
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other than the permit required under Section 437A.003, for a mobile |
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food service establishment to operate in the municipality. |
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Sec. 437A.0077. FEE CALCULATION. A county imposing a fee |
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for a permit issued or renewed under this chapter shall set the fee |
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in an amount not to exceed the amount necessary to recover the |
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annual expenditures for: |
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(1) reviewing and issuing or otherwise acting on |
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permits; |
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(2) amending and renewing permits; |
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(3) inspecting mobile food service establishments, |
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including a municipality's expenses for inspections delegated |
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under Section 437A.006; and |
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(4) otherwise administering this chapter and rules |
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adopted under this chapter. |
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SECTION 6. Section 437.0073, Health and Safety Code, is |
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repealed. |
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SECTION 7. The changes in law made by this Act apply to an |
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ordinance, rule, regulation, policy, or procedure adopted before, |
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on, or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |