| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to state and local authority to regulate the food service |
|
|
industry. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 102A, Civil Practice and Remedies Code, |
|
|
is amended by adding Section 102A.0015 to read as follows: |
|
|
Sec. 102A.0015. APPLICABILITY. In this chapter, a |
|
|
reference to a municipality or county includes a public health |
|
|
district created by one or more municipalities or counties. |
|
|
SECTION 2. Section 102A.002, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any |
|
|
person who has sustained an injury in fact, actual or threatened, |
|
|
from a municipal or county ordinance, order, or rule adopted or |
|
|
enforced by a municipality or county in violation of any of the |
|
|
following provisions or a trade association representing the person |
|
|
has standing to bring and may bring an action against the |
|
|
municipality or county: |
|
|
(1) Section 1.004, Agriculture Code; |
|
|
(2) Section 1.109, Business & Commerce Code; |
|
|
(3) Section 1.004, Finance Code; |
|
|
(3-a) Chapter 437, 437A, or 438, Health and Safety |
|
|
Code; |
|
|
(4) Section 30.005, Insurance Code; |
|
|
(5) Section 1.005, Labor Code; |
|
|
(6) Section 229.901, Local Government Code; |
|
|
(7) Section 1.003, Natural Resources Code; |
|
|
(8) Section 1.004, Occupations Code; or |
|
|
(9) Section 1.004, Property Code. |
|
|
SECTION 3. Section 437.003, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. Subject |
|
|
to Section 437.0045, to [To] enforce state law and rules adopted |
|
|
under state law, the commissioners court of a county by order may |
|
|
require food service establishments, retail food stores, mobile |
|
|
food units, and roadside food vendors in unincorporated areas of |
|
|
the county, including areas in the extraterritorial jurisdiction of |
|
|
a municipality, to obtain a permit from the county. |
|
|
SECTION 4. Section 437.004(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Subject to Section 437.0045, a [A] public health |
|
|
district that is established by at least one county and one or more |
|
|
municipalities in the county by order may require food service |
|
|
establishments, retail food stores, mobile food units, and roadside |
|
|
food vendors in the district to obtain a permit from the district. |
|
|
SECTION 5. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Section 437.0045 to read as follows: |
|
|
Sec. 437.0045. LOCAL PERMIT REQUIREMENT LIMITATION. |
|
|
Notwithstanding any other law, a county, municipality, or public |
|
|
health district, including an authorized agent, employee, or |
|
|
department, may only require a permit, license, certification, or |
|
|
other form of authority if the permit, license, certification, or |
|
|
other form of authority would be required of the food service |
|
|
establishment, retail food store, mobile food unit, roadside food |
|
|
vendor, or temporary food service establishment or an employee of |
|
|
any of those entities if the entity or person was located within the |
|
|
department's jurisdiction. |
|
|
SECTION 6. Section 437.0091, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.0091. LOCAL [MUNICIPAL] ORDINANCE AND FEE SCHEDULE |
|
|
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 fee schedules submitted |
|
|
under Section 437.0124(b). The department shall [and] post in the |
|
|
registry each submitted ordinance or fee schedule not later than |
|
|
the 10th day after the date the department receives the ordinance or |
|
|
fee schedule. |
|
|
SECTION 7. Section 437.01235, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE |
|
|
PERMIT OR LICENSE. Notwithstanding any other law, a [A] county, [or |
|
|
a] municipality, or public health district, including an authorized |
|
|
agent, employee, or department, [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 if the |
|
|
premises is a food service establishment, retail food store, mobile |
|
|
food unit, roadside food vendor, or temporary food service |
|
|
establishment that has already paid a fee to operate to any county, |
|
|
municipality, or public health district. |
|
|
SECTION 8. Section 437.0124, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 437.0124. COUNTY, MUNICIPALITY, AND PUBLIC HEALTH |
|
|
DISTRICT FEE SCHEDULE. (a) A county, municipality, or public |
|
|
health district shall establish a fee schedule for any fees |
|
|
collected under this chapter and revise the fee schedule as |
|
|
necessary. |
|
|
(b) A county, municipality, or public health district shall |
|
|
submit a copy of the fee schedule to the department for inclusion in |
|
|
the registry established under Section 437.0091. |
|
|
SECTION 9. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Sections 437.0126, 437.0127, and 437.029 to read as |
|
|
follows: |
|
|
Sec. 437.0126. LOCAL FEE LIMITATION. Notwithstanding any |
|
|
other law, a county, municipality, or public health district, |
|
|
including an authorized agent, employee, or department, may not |
|
|
charge a food service establishment, retail food store, mobile food |
|
|
unit, roadside food vendor, or temporary food service establishment |
|
|
a fee, including any processing fees or added costs, that exceeds |
|
|
the fee the food service establishment, retail food store, mobile |
|
|
food unit, roadside food vendor, or temporary food service |
|
|
establishment would pay to the department if it were located within |
|
|
the department's jurisdiction. |
|
|
Sec. 437.0127. STAKEHOLDER NOTICE. (a) A county, |
|
|
municipality, or public health district that charges fees, requires |
|
|
permits, or conducts inspections under this chapter shall provide |
|
|
an opportunity for stakeholders to sign up for e-mail updates from |
|
|
the entity. |
|
|
(b) At least 60 days before a fee, permit, or inspection |
|
|
protocol or procedure is revised, the county, municipality, or |
|
|
public health district shall notify by e-mail all stakeholders who |
|
|
have signed up for e-mail updates under this section. |
|
|
Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any |
|
|
other law, the department, a county, a municipality, or a public |
|
|
health district may not require a food service establishment to |
|
|
obtain a sound regulation permit, charge a sound regulation fee to |
|
|
an establishment, or otherwise prohibit sound-related activity at |
|
|
an establishment: |
|
|
(1) for sound arising from the delivery of food, |
|
|
nonalcoholic beverages, food service supplies, or ice to the |
|
|
establishment if the establishment accepts delivery of those items |
|
|
for one hour or less between 10 p.m. and 5 a.m., provided the sound |
|
|
level from the deliveries does not exceed 75 dBA when measured from |
|
|
the residential property closest in proximity to the establishment, |
|
|
excluding traffic and other background noise that can be reasonably |
|
|
excluded; or |
|
|
(2) for amplified sound if the establishment is a |
|
|
restaurant, as defined by Section 1.04, Alcoholic Beverage Code, |
|
|
that limits the use of amplified sound for playing music or |
|
|
amplifying human speech within the establishment's indoor or |
|
|
outside property boundaries to ensure: |
|
|
(A) the amplified sound is not used after 10 p.m. |
|
|
on Sunday through Thursday and 11 p.m. on Friday and Saturday; and |
|
|
(B) the amplified sound level does not exceed 70 |
|
|
dBA or 75 dBC when measured at the establishment's property |
|
|
perimeter, excluding traffic and other background noise that can be |
|
|
reasonably excluded. |
|
|
(b) Subsection (a)(2) does not apply to a food service |
|
|
establishment on property that is located within 300 feet of a |
|
|
residence that was occupied before the food service establishment |
|
|
was located on the property. |
|
|
(c) This section does not restrict the authority of a |
|
|
municipality or county to enforce the limitations described by |
|
|
Subsection (a) or an ordinance or order the municipality or county |
|
|
adopts, to the extent the ordinance or order does not conflict with |
|
|
that subsection. |
|
|
SECTION 10. Section 438.1055, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER |
|
|
CARD OR LOCAL FEE. Notwithstanding any other law, a [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, license, permit, or certification or any other |
|
|
credential or paperwork or charge a fee for issuance of the |
|
|
certificate under this subchapter. |
|
|
SECTION 11. Section 437.004(d), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 12. This Act takes effect September 1, 2025. |