By: Lozano H.B. No. 4346
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of off-site restaurant meal service
operations:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding definitions to Section 437.001 (2-b),(6) and (7), with
all existing and succeeding sections being renumbered accordingly,
to read as follows:
Sec. 437.001. DEFINITIONS. In this chapter:
(2-b) "Catering operation" means food service conducted by
an off-site restaurant meal operator where food is prepared for
delivery and is meant to be served and consumed at a location other
than the premises of the off-site restaurant meal operator.
(6) "Meal service broker" means a person or company who
contracts with an off-site restaurant meal operator to conduct an
off-site restaurant operation for a non-food establishment or
non-temporary food establishment.
(7) "Off-site restaurant meal operator" means a food
establishment or temporary food establishment, licensed under this
chapter, which contracts with a non-food establishment or
non-temporary food establishment to provide an off-site restaurant
operation at a location other than the premises of the license
holder.
(8) "Off-site restaurant operations" means sales of
individual meals conducted by an off-site restaurant meal operator
where food is prepared for delivery and is meant to be served and
consumed at a location other than the premises of the off-site
restaurant operator.
SECTION 2. Chapter 437, Health & Safety Code, is amended by
adding Section 437.031 to read as follows:
Sec. 437.031. OFF-SITE RESTAURANT OPERATIONS CONDUCTED BY
AN OFF-SITE RESTAURANT MEAL OPERATOR. (a) The holder of a license
issued under this chapter may conduct an off-site restaurant
operation directly, or utilizing a meal service broker at a
location other than the premises of the license holder if:
(1) the off-site location is within or adjacent to a
commercial building;
(2) all food is prepared at the premises of the license
holder for transportation by the license holder to the off-site
location;
(3) the off-site restaurant service is provided for no
more than 4 hours per day at the off-site location;
(4) the off-site restaurant service shall include
supplies, utensils and linens as required by rules adopted under
this chapter;
(5) food shall be time or temperature controlled, as
necessary, at the off-site location as required by rules adopted
under this chapter;
(6) access to toilets, urinals, and portable or
plumbed handwashing sink shall be provided at the off-site location
as required by rules adopted under this chapter.
(b) A municipality, a county, a public health district or
the department may not require a license holder to obtain a separate
license to operate an off-site restaurant meal service other than
the license by that municipality, county, public health district or
the department required of an off-site restaurant meal operator
engaged in catering operations in the jurisdiction.
(c) A municipality, a county, a public health district or
the department may not require a meal service broker to obtain a
license.
SECTION 3. This Act takes effect September 1, 2019.