Texas 2023 - 88th Regular

Texas Senate Bill SB577

Filed
1/24/23  
Out of Senate Committee
4/24/23  
Voted on by Senate
4/27/23  
Out of House Committee
5/8/23  
Voted on by House
5/12/23  
Governor Action
5/27/23  

Caption

Relating to regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments, and food managers.

Impact

The proposed changes through SB 577 could significantly impact local governance by limiting the scope of local regulations that can be enforced on food service establishments. Proponents argue that this will alleviate confusion and reduce operational costs for restaurants drastically. For instance, with the introduction of clear state-wide stipulations, food service establishments could reduce compliance costs associated with varying local standards, which could enhance business performance and oversight efficiency. However, the bill's restrictions on local authority could potentially undermine community-specific regulations designed for health or safety purposes.

Summary

Senate Bill 577 aims to streamline the regulation of food service establishments, including restaurants, retail food stores, mobile food units, and roadside vendors in Texas. The bill seeks to address the complexities of compliance that businesses face due to a patchwork of local, state, and federal regulations. It introduces a registry for municipal ordinances, requiring local governments to submit ordinances to the state department for inclusion, thereby ensuring transparency and standardization across different jurisdictions. Additionally, it prohibits local health jurisdictions from requiring local food manager cards or imposing certain fees, easing the regulatory burden on food managers and operators.

Sentiment

There is a marked division in sentiment regarding SB 577. Supporters, particularly from within the restaurant industry and trade associations, laud the bill for its potential to reduce regulatory hurdles and enhance the viability of food service operations across Texas. They assert that a uniform regulation would lead to a proliferation of small businesses and a more vibrant restaurant scene. Conversely, opponents criticize the bill, focusing particularly on the sound regulation provisions that could permit increased noise levels from outdoor dining setups. This perspective highlights a concern that the bill will erode local control and responsiveness to the unique needs of communities, particularly in urban areas where noise and public safety issues are already prevalent.

Contention

Debate around SB 577 highlighted specific provisions, particularly Section 437.027, which faced criticism for potentially allowing restaurants to create amplified sound environments without local oversight. Public testimonies from community members indicated significant opposition to these sound regulations, emphasizing the need for localities to retain the authority to regulate noise levels effectively, balancing the interests of businesses and residents. Such contention underscores the broader theme of the bill: a conflict between state-level standardization of business regulations and the need for local adaptation to community norms and protections.

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: 009
    • Section: New Section
    • Section: 01235
    • Section: 027
    • Section: 009
    • Section: 0091
    • Section: 01235
    • Section: 027
    • Section: 009
    • Section: 01235
    • Section: 027
    • Section: 009
    • Section: 0091
    • Section: 01235
    • Section: 027
    • Section: 009
    • Section: 0091
    • Section: 01235
    • Section: 027
  • Chapter 438. Public Health Measures Relating To Food
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: 1055
    • Section: New Section

Companion Bills

TX HB1247

Identical Relating to regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments, and food managers.

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