88R4066 KKR-D
By: Capriglione H.B. No. 2878
A BILL TO BE ENTITLED
AN ACT
relating to the operation of certain mobile food service
establishments in more than one 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 MORE
THAN ONE COUNTY
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. REQUEST FOR AUTHORIZATION TO OPERATE IN
ANOTHER COUNTY. (a) Before operating in a county other than a
mobile food service establishment's county of origin, or the county
that includes the establishment's public health district of origin,
the establishment shall request authorization to operate in another
county by submitting to the other county:
(1) a copy of the establishment's permit issued in
accordance with Chapter 437 by the establishment's county of origin
or public health district of origin, as applicable;
(2) a copy of the establishment's mobile food unit or
roadside food vendor permit or license issued by the department, as
applicable; and
(3) a list of each county in which the establishment is
authorized to operate.
(b) A mobile food service establishment shall submit the
information required by Subsection (a) in person, by e-mail, or
through an electronic form on the county's website, if available.
Sec. 437A.003. VERIFICATION OF INFORMATION; AUTHORIZATION
TO OPERATE IN ANOTHER COUNTY. (a) On receipt of a request under
Section 437A.002, the county shall verify, using the department's
database established under 437A.008 or by directly contacting each
relevant county, that the mobile food service establishment's
permit or license is in good standing in each county in which the
establishment is authorized to operate.
(b) On verification that the mobile food service
establishment's permit or license is in good standing in each
county in which the establishment is authorized to operate, the
county shall authorize the establishment to operate in the county.
The county has regulatory authority over the establishment's
operations within the county as provided by Chapter 437.
Sec. 437A.004. REFUSAL TO AUTHORIZE OPERATION WITHIN
COUNTY. (a) A county may refuse to authorize a mobile food service
establishment to operate in the county if the establishment is not
in good standing in the establishment's county of origin or public
health district of origin or if the county or district has imposed
on the establishment a citation or fine that raises public health
and safety concerns.
(b) If a county refuses to authorize 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
authorization to operate in the county.
Sec. 437A.005. COUNTY RESPONSE TO REQUEST. A county shall
approve or deny a mobile food service establishment's request to
operate in the county not later than the third business day after
the date the county receives the establishment's request for
authorization to operate and all information required under Section
437A.002.
Sec. 437A.006. INSPECTION BY COUNTY. (a) A mobile food
service establishment is subject to periodic and unannounced
inspections in a county in which the establishment is authorized to
operate under this chapter.
(b) A county shall use discretion when inspecting a mobile
food service establishment that is operating in multiple counties
and has superior scores for previous inspections to ensure the
establishment is not inspected more frequently than necessary to
protect public health and safety.
(c) A mobile food service establishment shall allow a county
access to the establishment for an inspection when the
establishment is operating in the county.
(d) If an inspection by a county other than the mobile food
service establishment's county of origin, or the county that
includes the establishment's public health district of origin,
results in a violation, the other county:
(1) shall notify the department of the violation;
(2) may notify the establishment's county or public
health district of origin and any other county in which the
establishment is authorized to operate of the violation; and
(3) may issue a fine to the establishment or suspend
the establishment's authority to operate in the other county.
Sec. 437A.007. PERMIT OR LICENSE RENEWAL; NOTICE. A mobile
food service establishment annually shall renew the
establishment's original permit or license and shall provide each
county in which the establishment is authorized to operate a copy of
the establishment's renewal permit or license before operating
under the renewal permit or license.
Sec. 437A.008. DEPARTMENT DATABASE. (a) The department
shall establish and maintain a statewide database for use by the
department and counties that includes:
(1) the name of each mobile food unit and roadside food
vendor permit or license holder;
(2) the results of each health inspection of a mobile
food unit or roadside food vendor, including the inspection report;
(3) each public complaint filed against a mobile food
service establishment or the establishment's mobile food units or
roadside food vendors; and
(4) itineraries submitted under Subsection (c).
(b) Each county and public health district shall submit in
the form and manner required by the department the information the
department requires to maintain the database.
(c) A mobile food service establishment may periodically
submit to the department an itinerary for the planned locations of
the establishment's mobile food units and roadside food vendors for
inclusion in the department's database.
Sec. 437A.009. EXPEDITED AUTHORIZATION PROCESS. The
department may establish for use by counties an expedited
authorization process for mobile food service establishments that
is consistent with this chapter.
Sec. 437A.010. RULES. The executive commissioner may adopt
the rules necessary to implement this chapter.
SECTION 2. As soon as practicable after the effective date
of this Act, but not later than January 1, 2024, the Department of
State Health Services shall establish the database as required by
Section 437A.008, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.