Texas 2023 - 88th Regular

Texas House Bill HB1247

Filed
1/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

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 impact of HB 1247 on state laws is significant as it amends various sections of the Health and Safety Code, particularly those addressing inspections and regulatory authority. If passed, the bill will limit the ability of local health jurisdictions to impose unique regulations, hence reducing the potential for confusion among food service establishments operating under multiple regulatory frameworks. Overall, it represents a shift toward state-level standardization that aims to improve compliance with food safety regulations across Texas, especially beneficial for small businesses struggling with diverse local regulations.

Summary

House Bill 1247 aims to streamline the regulation of food service establishments, retail food stores, and various food service units in Texas by aligning state regulations with local oversight. It addresses the complications arising from local health departments having the power to impose stricter regulations than those stipulated at the state level. This bill seeks to create a more uniform regulatory environment by prohibiting local jurisdictions from enforcing local ordinances that exceed state law unless certain conditions are met. Additionally, it establishes a registry for municipal ordinances, ensuring a centralized repository of these regulations for clarity and compliance oversight.

Sentiment

The sentiment surrounding HB 1247 appears to be largely positive among proponents, such as members of the Texas Restaurant Association, who argue that the bill will alleviate the burdens imposed by varying local regulations and enhance food safety compliance. However, some opposition may arise from local governmental stakeholders concerned that the bill may undercut their authority and ability to address local health and safety needs. Thus, while supporters advocate for reduced regulatory burdens, opponents might fear loss of local control.

Contention

Notable points of contention include the potential implications for local governance and public health. The bill's emphasis on reducing regulatory discrepancies may lead to debates on whether such centralization undermines local municipalities' ability to respond to specific community health needs, particularly in diverse urban versus rural areas. Furthermore, the restrictions on local health departments concerning sound regulations and permit fees for alcohol-serving establishments may intensify discussions on the adequacy of food safety measures and local governance.

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: 0091
    • Section: 01235
    • Section: 027
    • Section: 009
    • Section: 0091
    • Section: 01235
    • Section: 027

Companion Bills

TX SB577

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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