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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of mandatory fees or surcharges charged |
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to a consumer by a food service establishment; authorizing an |
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administrative penalty. |
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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. DISCLOSURE OF MANDATORY FEE OR SURCHARGE |
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CHARGED BY FOOD SERVICE ESTABLISHMENT; ADMINISTRATIVE PENALTY. (a) |
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A food service establishment that charges to a consumer dining in |
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the establishment a mandatory fee or surcharge other than a tax or |
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fee imposed by a governmental entity shall disclose the fee or |
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surcharge on the establishment's printed menu in a standard font |
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type and size that is reasonably easy for a consumer to read. |
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(b) A food service establishment that does not use a printed |
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menu shall provide the disclosure in the manner required by |
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Subsection (a) on a menu board, online menu, sign at the entrance to |
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the food service establishment's premises, or other place |
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reasonably likely to be seen by a consumer. |
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(c) The department, a public health district, a county, or a |
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municipality that regulates a food service establishment under this |
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chapter may impose an administrative penalty on an establishment |
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for a violation of this section. An entity imposing a penalty under |
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this subsection shall determine the amount of the penalty based on |
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the seriousness of the violation. |
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(d) This section may not be construed to create a private |
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cause of action or change any common law or statutory duty. |
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SECTION 2. This Act takes effect September 1, 2025. |