By: Capriglione (Senate Sponsor - Parker) H.B. No. 2878
(In the Senate - Received from the House May 3, 2023;
May 5, 2023, read first time and referred to Committee on Local
Government; May 21, 2023, reported favorably by the following
vote: Yeas 7, Nays 0; May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
BettencourtX
SpringerX
EckhardtX
GutierrezX
HallX
NicholsX
ParkerX
PaxtonX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to the operation in certain counties of mobile food
service establishments in more than one municipality within the
county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health and Safety Code, is
amended by adding Chapter 437A to read as follows:
CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
CERTAIN COUNTIES IN MORE THAN ONE MUNICIPALITY
Sec. 437A.001. DEFINITIONS. In this chapter:
(1) "Food," "mobile food unit," and "roadside food
vendor" have the meanings assigned by rules adopted under Chapter
437.
(2) "Mobile food service establishment" means one or
more mobile food units or roadside food vendors operating from a
single preparation facility under the managerial authority of a
single permit or license holder.
Sec. 437A.002. APPLICABILITY. This chapter applies only to
a county:
(1) with a population of more than 2.1 million; and
(2) in which is located partly or wholly:
(A) an airport operating under Subchapter D,
Chapter 22, Transportation Code; and
(B) an airport owned by the principal
municipality in the county that does not offer commercial air
service.
Sec. 437A.003. COUNTY PERMIT REQUIRED. (a)
Notwithstanding any other law, a mobile food service establishment
may not operate in a county to which this chapter applies unless the
establishment obtains a permit from the county.
(b) A permit issued by a county under this chapter must
authorize a mobile food service establishment to operate in any
municipality located in the county.
(c) A permit issued by a county under this chapter is
considered a permit issued by a county under Chapter 437 for
purposes of that chapter.
Sec. 437A.004. COUNTY RESPONSE TO PERMIT APPLICATION. A
county shall approve or deny a mobile food service establishment's
application for a permit to operate in the county not later than the
third business day after the date the county receives the
application and all information necessary for the county to
consider the application.
Sec. 437A.005. REFUSAL TO ISSUE PERMIT. (a) A county may
refuse to issue a permit for a mobile food service establishment to
operate in the county if the establishment is not in good standing
in another jurisdiction or if the county has previously imposed on
the establishment a citation or fine that raises public health and
safety concerns.
(b) If a county refuses to issue a permit authorizing a
mobile food service establishment to operate in the county, the
county shall provide the establishment with written notice
regarding the basis for the county's refusal and advise the
establishment of any remedial actions the establishment may take to
become eligible for a permit.
Sec. 437A.006. INSPECTION BY COUNTY. (a) A mobile food
service establishment is subject to periodic and unannounced
inspections by the county that issues the permit to operate in the
county under this chapter.
(b) A mobile food service establishment shall allow the
county access to the establishment for an inspection.
(c) If an inspection by the county determines a mobile food
service establishment committed a violation, the county may issue a
fine to the establishment or suspend the establishment's permit.
Sec. 437A.007. PERMIT RENEWAL; NOTICE. A mobile food
service establishment annually shall renew the establishment's
permit under this chapter.
Sec. 437A.008. RULES. The executive commissioner may adopt
the rules necessary to implement this chapter.
SECTION 2. This Act takes effect September 1, 2023.
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