Texas 2023 - 88th Regular

Texas House Bill HB1247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R25106 SRA-F
2	2	By: Harris of Anderson, et al. H.B. No. 1247
3	3	Substitute the following for H.B. No. 1247:
4	4	By: Tinderholt C.S.H.B. No. 1247
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of food service establishments, retail food
10	10	stores, mobile food units, roadside food vendors, temporary food
11	11	service establishments, and food managers.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 437, Health and Safety Code, is amended
14	14	by amending Section 437.009 and adding Sections 437.0091,
15	15	437.01235, and 437.027 to read as follows:
16	16	Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION
17	17	OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a)
18	18	Authorized agents or employees of the department, a county, or a
19	19	public health district may enter the premises of a food service
20	20	establishment, retail food store, mobile food unit, roadside food
21	21	vendor, or temporary food service establishment under the
22	22	department's, county's, or district's jurisdiction during normal
23	23	operating hours to conduct inspections to determine compliance
24	24	with:
25	25	(1) state law, including a requirement to hold and
26	26	display written authorization under Section 437.021;
27	27	(2) rules adopted under state law; and
28	28	(3) orders adopted by the department, county, or
29	29	district.
30	30	(b) A municipality or public health district of which the
31	31	municipality is a member may not conduct an inspection to determine
32	32	compliance with an ordinance the municipality adopts that differs
33	33	from state law or department rules or orders before the 60th day
34	34	following the date the municipality or district submits a copy of
35	35	the ordinance to the department for inclusion in the registry
36	36	established under Section 437.0091.
37	37	(c) Notwithstanding any other law, the department, a
38	38	county, a municipality, or a public health district, including an
39	39	authorized agent or employee, that conducts an inspection
40	40	authorized under this section may not take disciplinary action
41	41	against or otherwise penalize a food service establishment, retail
42	42	food store, mobile food unit, roadside food vendor, or temporary
43	43	food service establishment for failing to adhere to easily
44	44	cleanable surface requirements for wall and ceiling surfaces,
45	45	decorative items, or attachments in a consumer area, provided the
46	46	surfaces, items, or attachments are kept clean. For purposes of
47	47	this subsection, a consumer area includes a dining room, outdoor
48	48	dining area, or bar seating area in which customers consume food but
49	49	does not include a table, bar top, or other similar surface where
50	50	food is regularly prepared or consumed.
51	51	Sec. 437.0091. MUNICIPAL ORDINANCE REGISTRY. The
52	52	department shall establish and maintain on the department's
53	53	Internet website a registry for municipal ordinances submitted
54	54	under Section 437.009(b) and post in the registry each submitted
55	55	ordinance not later than the 10th day after the date the department
56	56	receives the ordinance.
57	57	Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
58	58	PERMIT OR LICENSE. A county or a municipality with a public health
59	59	district that charges a fee for issuance or renewal of a permit
60	60	under Section 437.012 or 437.0123 for a premises located in the
61	61	county or municipality and permitted or licensed by the Texas
62	62	Alcoholic Beverage Commission may not also charge a fee under
63	63	Section 11.38 or 61.36, Alcoholic Beverage Code, for issuance of an
64	64	alcoholic beverage permit or license for the premises.
65	65	Sec. 437.027. SOUND REGULATIONS. (a) Notwithstanding any
66	66	other law, the department, a county, a municipality, or a public
67	67	health district may not require a food service establishment to
68	68	obtain a sound regulation permit, charge the establishment a sound
69	69	regulation fee, or otherwise prohibit sound-related activity at the
70	70	establishment if the establishment:
71	71	(1) accepts delivery of supplies only for one hour or
72	72	less between 5 a.m. and 11 p.m. and delivery of only food, water, or
73	73	ice after 11 p.m., provided the delivery sound level when measured
74	74	from the residential property closest in proximity to the
75	75	establishment does not exceed 75 dBA, excluding traffic and other
76	76	background noise reasonably excluded; or
77	77	(2) is a restaurant, as defined by Section 1.04,
78	78	Alcoholic Beverage Code, that limits the use of amplified sound for
79	79	playing music or amplifying human speech within the establishment's
80	80	indoor or outside property boundaries to ensure:
81	81	(A) the amplified sound is not used after 10 p.m.
82	82	on Sunday through Thursday and 11 p.m. on Friday and Saturday; and
83	83	(B) the amplified sound level when measured at
84	84	the establishment's property perimeter does not exceed 70 dBA or
85	85	75 dBC, excluding traffic and other background noise reasonably
86	86	excluded.
87	87	(b) Subsection (a)(2) does not apply to a food service
88	88	establishment on property that is within 100 feet of a residence
89	89	that was occupied before any food service establishment was located
90	90	on the property.
91	91	(c) This section does not restrict the authority of a
92	92	municipality or county to enforce the limitations on sound level
93	93	under Subsection (a) or an ordinance or order the municipality or
94	94	county adopts, to the extent the ordinance or order does not
95	95	conflict with that subsection.
96	96	SECTION 2. Subchapter G, Chapter 438, Health and Safety
97	97	Code, is amended by adding Section 438.1055 to read as follows:
98	98	Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
99	99	CARD OR LOCAL FEE. A local health jurisdiction may not require a
100	100	food manager who holds a food manager certificate issued under this
101	101	subchapter to hold a local food manager card or charge a fee for
102	102	issuance of the certificate under this subchapter.
103	103	SECTION 3. (a) As soon as practicable after the effective
104	104	date of this Act, the Department of State Health Services shall
105	105	establish the registry required under Section 437.0091, Health and
106	106	Safety Code, as added by this Act.
107	107	(b) The changes in law made by this Act apply only to an
108	108	inspection conducted or order or ordinance issued on or after the
109	109	effective date of this Act.
110	110	SECTION 4. This Act takes effect September 1, 2023.