| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the regulation of off-site restaurant services; |
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| 8 | 10 | | authorizing a permit; authorizing a fee. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 11 | 13 | | by adding Section 437.022 to read as follows: |
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| 12 | 14 | | Sec. 437.022. OFF-SITE RESTAURANT SERVICES. (a) In this |
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| 13 | 15 | | section: |
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| 14 | 16 | | (1) "Catering services" means the preparation and |
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| 15 | 17 | | transport of food by an off-site restaurant service operator for |
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| 16 | 18 | | consumption at a location other than the premises of the food |
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| 17 | 19 | | service establishment of the operator. |
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| 18 | 20 | | (2) "Off-site restaurant service broker" means a |
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| 19 | 21 | | person who contracts with an off-site restaurant service operator |
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| 20 | 22 | | for the operator to provide off-site restaurant services. |
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| 21 | 23 | | (3) "Off-site restaurant service operator" means a |
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| 22 | 24 | | food service establishment that provides off-site restaurant |
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| 23 | 25 | | services. |
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| 24 | 26 | | (4) "Off-site restaurant services" means the |
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| 25 | 27 | | preparation and transport of meals by an off-site restaurant |
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| 26 | 28 | | service operator for service, assembly, individual sale, and |
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| 27 | 29 | | consumption at a location other than the premises of the food |
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| 28 | 30 | | service establishment of the operator. |
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| 29 | 31 | | (b) An off-site restaurant service operator may provide |
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| 30 | 32 | | off-site restaurant services directly or may provide the services |
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| 31 | 33 | | under a contract with an off-site restaurant service broker. |
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| 32 | 34 | | (c) The executive commissioner shall adopt rules necessary |
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| 33 | 35 | | to implement this section. The rules must require an off-site |
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| 34 | 36 | | restaurant service operator to: |
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| 35 | 37 | | (1) provide off-site restaurant services only at a |
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| 36 | 38 | | location that: |
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| 37 | 39 | | (A) is in or adjacent to a commercial building; |
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| 38 | 40 | | and |
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| 39 | 41 | | (B) provides access to toilets, urinals, a mop |
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| 40 | 42 | | sink, and a portable or plumbed handwashing sink for customers and |
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| 41 | 43 | | employees; |
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| 42 | 44 | | (2) prepare all food on the premises of the operator |
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| 43 | 45 | | and transport the food to the off-site location; |
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| 44 | 46 | | (3) provide off-site restaurant services for not more |
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| 45 | 47 | | than two and one-half hours in any twelve-hour period; |
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| 46 | 48 | | (4) provide utensils, linens, and other supplies |
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| 47 | 49 | | necessary to ensure that food is protected and work spaces are kept |
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| 48 | 50 | | clean; and |
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| 49 | 51 | | (5) ensure that food provided by the operator is |
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| 50 | 52 | | properly time or temperature controlled at the off-site location |
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| 51 | 53 | | and time or temperature readings of the food are recorded. |
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| 52 | 54 | | (d) A home-rule municipality may not adopt or enforce a |
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| 53 | 55 | | requirement relating to the provision of off-site restaurant |
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| 54 | 56 | | services that is more stringent than a requirement prescribed by |
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| 55 | 57 | | the executive commissioner under Subsection (c) or that relates to |
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| 56 | 58 | | an issue not specifically addressed in rules adopted in accordance |
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| 57 | 59 | | with that subsection. |
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| 58 | 60 | | (e) The department or a municipality, county, or public |
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| 59 | 61 | | health district may only require an off-site restaurant service |
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| 60 | 62 | | operator that is providing off-site restaurant services to obtain |
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| 61 | 63 | | as an additional permit under this chapter the type of permit the |
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| 62 | 64 | | operator is required to obtain to provide catering services under |
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| 63 | 65 | | this chapter in the jurisdiction. |
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| 64 | 66 | | (f) The department or a municipality, county, or public |
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| 65 | 67 | | health district may not require an off-site restaurant service |
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| 66 | 68 | | broker to obtain a food service establishment permit under this |
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| 67 | 69 | | chapter to contract for the provision of off-site restaurant |
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| 68 | 70 | | services under this section. |
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| 69 | 71 | | (g) A home-rule municipality may: |
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| 70 | 72 | | (1) require a person who owns, operates, or otherwise |
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| 71 | 73 | | exercises control over a location at which off-site restaurant |
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| 72 | 74 | | services are provided to obtain a permit before the services are |
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| 73 | 75 | | provided at the location; and |
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| 74 | 76 | | (2) charge a reasonable fee for the permit. |
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| 75 | 77 | | SECTION 2. As soon as practicable after the effective date |
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| 76 | 78 | | of this Act, the executive commissioner of the Health and Human |
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| 77 | 79 | | Services Commission shall adopt the rules required by Section |
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| 78 | 80 | | 437.022, Health and Safety Code, as added by this Act. |
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| 79 | 81 | | SECTION 3. The change in law made by this Act applies only |
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| 80 | 82 | | to off-site restaurant services provided on or after January 1, |
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| 81 | 83 | | 2020. Off-site restaurant services provided before that date are |
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| 82 | 84 | | governed by the law as it existed immediately before the effective |
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| 83 | 85 | | date of this Act, and the former law is continued in effect for that |
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| 84 | 86 | | purpose. |
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| 85 | 87 | | SECTION 4. This Act takes effect September 1, 2019. |
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