88R4078 SRA-F
By: Harris of Anderson H.B. No. 1247
A BILL TO BE ENTITLED
AN ACT
relating to regulation of food service establishments, retail food
stores, mobile food units, roadside food vendors, temporary food
service establishments, and food managers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by amending Section 437.009 and adding Sections 437.0091,
437.01235, and 437.027 to read as follows:
Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION
OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a)
Authorized agents or employees of the department, a county, or a
public health district may enter the premises of a food service
establishment, retail food store, mobile food unit, roadside food
vendor, or temporary food service establishment under the
department's, county's, or district's jurisdiction during normal
operating hours to conduct inspections to determine compliance
with:
(1) state law, including a requirement to hold and
display written authorization under Section 437.021;
(2) rules adopted under state law; and
(3) orders adopted by the department, county, or
district.
(b) Notwithstanding Subsection (a), a county or a public
health district may conduct an inspection to determine compliance
with an order the county or district issues that differs from state
law or department rules or orders only on or after the 60th day
following the date the county or district submits a copy of the
order to the department for inclusion in the registry established
under Section 437.0091.
(c) Notwithstanding any other law, the department, a
county, a municipality, or a public health district, including an
authorized agent or employee, that conducts an inspection as
authorized under this section may not take disciplinary action
against or otherwise penalize a food service establishment, retail
food store, mobile food unit, roadside food vendor, or temporary
food service establishment for failing to adhere to easily
cleanable surface requirements for wall and ceiling surfaces,
decorative items, or attachments in a consumer area, provided the
surfaces, items, or attachments are kept clean. For purposes of
this subsection, a consumer area includes a dining room, outdoor
dining area, or bar seating area in which customers consume food but
does not include a table, bar top, or other similar surface where
food is regularly prepared or consumed.
Sec. 437.0091. LOCAL ORDER REGISTRY. The department shall
establish and maintain on the department's Internet website a
registry for orders submitted as required under Section 437.009(b)
and post in the registry each submitted order not later than the
10th day after the date the department receives the order.
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
PERMIT OR LICENSE. A county or a municipality with a public health
district that requires the payment of a fee for issuing or renewing
a permit under Section 437.012 or 437.0123 for a premises permitted
or licensed by the Texas Alcoholic Beverage Commission may not also
charge a fee under Section 11.38 or 61.36, Alcoholic Beverage Code,
for an alcoholic beverage permit or license issued for premises
located in the county or municipality.
Sec. 437.027. SOUND REGULATIONS. Notwithstanding any other
law, the department, a county, a municipality, or a public health
district may not require a food service establishment to obtain a
sound regulation permit, charge a sound regulation fee to the
establishment, or otherwise prohibit sound-related activity at the
establishment if the establishment:
(1) accepts delivery of supplies only for one hour or
less between 5 a.m. and 11 p.m. and delivery of food, water, or ice
only after 11 p.m., provided the sound level from the deliveries
does not exceed 75 dBA when measured from the residential property
closest in proximity to the establishment, excluding traffic and
other background noise that can be reasonably excluded; and
(2) limits the use of amplified sound for playing
music or amplifying human speech within the establishment's indoor
or outside property boundaries to ensure:
(A) the amplified sound is not used after 10 p.m.
on Sunday through Thursday and 11 p.m. on Friday and Saturday; and
(B) the amplified sound level does not exceed 75
dBA when measured at the establishment's outermost property
perimeter, excluding traffic and other background noise that can be
reasonably excluded.
SECTION 2. Subchapter G, Chapter 438, Health and Safety
Code, is amended by adding Section 438.1055 to read as follows:
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
CARD OR LOCAL FEE. A local health jurisdiction may not require a
food manager who holds a food manager certificate issued under this
subchapter to hold a local food manager card or charge a fee for
issuance of the certificate under this subchapter.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the Department of State Health Services shall
establish the registry required under Section 437.0091, Health and
Safety Code, as added by this Act.
(b) The changes in law made by this Act apply only to an
inspection conducted or order issued on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2023.