86R30826 KKR-D
By: Lozano H.B. No. 4346
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of off-site restaurant services;
authorizing a permit; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.022 to read as follows:
Sec. 437.022. OFF-SITE RESTAURANT SERVICES. (a) In this
section:
(1) "Catering services" means the preparation and
transport of food by an off-site restaurant service operator for
consumption at a location other than the premises of the food
service establishment of the operator.
(2) "Off-site restaurant service broker" means a
person who contracts with an off-site restaurant service operator
for the operator to provide off-site restaurant services.
(3) "Off-site restaurant service operator" means a
food service establishment that provides off-site restaurant
services.
(4) "Off-site restaurant services" means the
preparation and transport of meals by an off-site restaurant
service operator for service, assembly, individual sale, and
consumption at a location other than the premises of the food
service establishment of the operator.
(b) An off-site restaurant service operator may provide
off-site restaurant services directly or may provide the services
under a contract with an off-site restaurant service broker.
(c) The executive commissioner shall adopt rules necessary
to implement this section. The rules must require an off-site
restaurant service operator to:
(1) provide off-site restaurant services only at a
location that:
(A) is in or adjacent to a commercial building;
and
(B) provides access to toilets, urinals, a mop
sink, and a portable or plumbed handwashing sink for customers and
employees;
(2) prepare all food on the premises of the operator
and transport the food to the off-site location;
(3) provide off-site restaurant services for not more
than two and one-half hours in any twelve-hour period;
(4) provide utensils, linens, and other supplies
necessary to ensure that food is protected and work spaces are kept
clean; and
(5) ensure that food provided by the operator is
properly time or temperature controlled at the off-site location
and time or temperature readings of the food are recorded.
(d) A home-rule municipality may not adopt or enforce a
requirement relating to the provision of off-site restaurant
services that is more stringent than a requirement prescribed by
the executive commissioner under Subsection (c) or that relates to
an issue not specifically addressed in rules adopted in accordance
with that subsection.
(e) The department or a municipality, county, or public
health district may only require an off-site restaurant service
operator that is providing off-site restaurant services to obtain
as an additional permit under this chapter the type of permit the
operator is required to obtain to provide catering services under
this chapter in the jurisdiction.
(f) The department or a municipality, county, or public
health district may not require an off-site restaurant service
broker to obtain a food service establishment permit under this
chapter to contract for the provision of off-site restaurant
services under this section.
(g) A home-rule municipality may:
(1) require a person who owns, operates, or otherwise
exercises control over a location at which off-site restaurant
services are provided to obtain a permit before the services are
provided at the location; and
(2) charge a reasonable fee for the permit.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules required by Section
437.022, Health and Safety Code, as added by this Act.
SECTION 3. The change in law made by this Act applies only
to off-site restaurant services provided on or after January 1,
2020. Off-site restaurant services provided before that date are
governed by the law as it existed immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2019.