88R25106 SRA-F
By: Harris of Anderson, et al. H.B. No. 1247
Substitute the following for H.B. No. 1247:
By: Tinderholt C.S.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) A municipality or public health district of which the
municipality is a member may not conduct an inspection to determine
compliance with an ordinance the municipality adopts that differs
from state law or department rules or orders before the 60th day
following the date the municipality or district submits a copy of
the ordinance 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
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. MUNICIPAL ORDINANCE REGISTRY. The
department shall establish and maintain on the department's
Internet website a registry for municipal ordinances submitted
under Section 437.009(b) and post in the registry each submitted
ordinance not later than the 10th day after the date the department
receives the ordinance.
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
PERMIT OR LICENSE. A county or a municipality with a public health
district that charges a fee for issuance or renewal of a permit
under Section 437.012 or 437.0123 for a premises located in the
county or municipality and 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 issuance of an
alcoholic beverage permit or license for the premises.
Sec. 437.027. SOUND REGULATIONS. (a) 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 the establishment a sound
regulation fee, 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 only food, water, or
ice after 11 p.m., provided the delivery sound level when measured
from the residential property closest in proximity to the
establishment does not exceed 75 dBA, excluding traffic and other
background noise reasonably excluded; or
(2) is a restaurant, as defined by Section 1.04,
Alcoholic Beverage Code, that 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 when measured at
the establishment's property perimeter does not exceed 70 dBA or
75 dBC, excluding traffic and other background noise reasonably
excluded.
(b) Subsection (a)(2) does not apply to a food service
establishment on property that is within 100 feet of a residence
that was occupied before any food service establishment was located
on the property.
(c) This section does not restrict the authority of a
municipality or county to enforce the limitations on sound level
under Subsection (a) or an ordinance or order the municipality or
county adopts, to the extent the ordinance or order does not
conflict with that subsection.
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 or ordinance issued on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.