Texas House Bill HB2844

Texas 2025 - 89th Regular

• Filed: 2/14/25
• Out of House Committee: 5/6/25
• Voted on by House: 5/16/25
• Out of Senate Committee: 5/23/25
• Voted on by Senate: 5/26/25
• Governor Action: 6/20/25

Caption

Relating to the regulation of food service establishments, including retail food stores and mobile food vendors; requiring an occupational license; imposing fees; authorizing an administrative penalty.

Impact

With the passing of HB 2844, local authorities are limited in their ability to impose regulations that contradict state guidelines, thus centralizing control over mobile food vendors at the state level. This change is significant as it may enhance the operational scope for mobile food vendors while simultaneously ensuring essential health and safety standards through mandated inspections and licensing. Consequently, it can promote business growth by simplifying the regulatory environment for small-scale food businesses while aiming to maintain public health standards.

Summary

House Bill 2844 primarily addresses the regulation of food service establishments, specifically focusing on mobile food vendors and retail food stores. The bill mandates that operators of mobile food vending vehicles obtain occupational licenses, which ensures that certain safety and health standards are adhered to. Additionally, the bill aims to streamline the permitting process for smaller-scale food businesses that generate less than $1.5 million in annual revenue, effectively exempting them from certain permitting fees. This exemption seeks to lower the barriers to entry for small food entrepreneurs.

Sentiment

Discussion around HB 2844 highlighted a mix of support and opposition. Proponents of the bill lauded it for its potential to foster economic growth by removing unnecessary financial barriers for small food businesses, thereby encouraging entrepreneurship and innovation in the food service sector. Conversely, critiques of the bill raised alarms over the preemption of local control, suggesting that it could hamper the ability of local jurisdictions to respond effectively to specific community health and safety needs. This division signifies ongoing tensions around regulatory authority between state and local governments.

Contention

A notable point of contention during discussions centered on the impact of the bill on local ordinances governing mobile food vendors. Many advocates for local control emphasized that the state-level preemption could lead to one-size-fits-all solutions that may not adequately address community needs. Furthermore, concerns were raised regarding the balance of public health interests against the regulatory flexibility of local governments, culminating in a heated debate on the appropriate scope of state authority over local governance in the food service domain.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 437. Regulation Of Food Service Establishments, Retail Food Stores, Mobile Food Units, And Roadside Food Vendors
  • Section: New Section
  • Section: 0055
  • Section: 0057
  • Section: 0076
  • Section: 009
  • Section: 0095
  • Section: 012
  • Section: 014
  • Section: 0145
  • Section: 016
  • Section: 0185
  • Section: 021
  • Section: 015
  • Section: New Section
  • Section: 0055
  • Section: New Section
  • Section: 0055
  • Section: 0055
  • Section: New Section
  • Section: New Section

• Chapter 121. Local Public Health Reorganization Act
  • Section: 0035

Penal Code

• Chapter 37. Perjury And Other Falsification
  • Section: 01