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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited local regulations regarding certain |
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late-night and overnight deliveries to food service |
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establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.029 to read as follows: |
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Sec. 437.029. PROHIBITED LOCAL REGULATIONS RELATING TO |
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CERTAIN LATE-NIGHT AND OVERNIGHT DELIVERIES TO FOOD SERVICE |
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ESTABLISHMENTS. Notwithstanding any other law, the department, a |
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county, a municipality, or a public health district may not require |
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a food service establishment to obtain a sound regulation permit, |
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charge a sound regulation fee to an establishment, or otherwise |
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prohibit sound-related activity at an establishment for sound |
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arising from the delivery of food, nonalcoholic beverages, food |
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service supplies, or ice to the establishment if the establishment |
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accepts delivery of those items for one hour or less between 10 p.m. |
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and 5 a.m., provided the sound level from the deliveries does not |
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exceed 65 dBA when measured from the residential property closest |
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in proximity to the establishment, excluding traffic and other |
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background noise that can be reasonably excluded. |
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SECTION 2. This Act takes effect September 1, 2025. |