| 1 | 1 | | H.B. No. 2878 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the operation in certain counties of mobile food |
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| 6 | 6 | | service establishments in more than one municipality within the |
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| 7 | 7 | | county. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 6, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Chapter 437A to read as follows: |
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| 11 | 11 | | CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN |
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| 12 | 12 | | CERTAIN COUNTIES IN MORE THAN ONE MUNICIPALITY |
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| 13 | 13 | | Sec. 437A.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Food," "mobile food unit," and "roadside food |
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| 15 | 15 | | vendor" have the meanings assigned by rules adopted under Chapter |
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| 16 | 16 | | 437. |
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| 17 | 17 | | (2) "Mobile food service establishment" means one or |
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| 18 | 18 | | more mobile food units or roadside food vendors operating from a |
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| 19 | 19 | | single preparation facility under the managerial authority of a |
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| 20 | 20 | | single permit or license holder. |
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| 21 | 21 | | Sec. 437A.002. APPLICABILITY. This chapter applies only to |
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| 22 | 22 | | a county: |
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| 23 | 23 | | (1) with a population of more than 2.1 million; and |
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| 24 | 24 | | (2) in which is located partly or wholly: |
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| 25 | 25 | | (A) an airport operating under Subchapter D, |
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| 26 | 26 | | Chapter 22, Transportation Code; and |
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| 27 | 27 | | (B) an airport owned by the principal |
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| 28 | 28 | | municipality in the county that does not offer commercial air |
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| 29 | 29 | | service. |
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| 30 | 30 | | Sec. 437A.003. COUNTY PERMIT REQUIRED. (a) |
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| 31 | 31 | | Notwithstanding any other law, a mobile food service establishment |
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| 32 | 32 | | may not operate in a county to which this chapter applies unless the |
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| 33 | 33 | | establishment obtains a permit from the county. |
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| 34 | 34 | | (b) A permit issued by a county under this chapter must |
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| 35 | 35 | | authorize a mobile food service establishment to operate in any |
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| 36 | 36 | | municipality located in the county. |
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| 37 | 37 | | (c) A permit issued by a county under this chapter is |
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| 38 | 38 | | considered a permit issued by a county under Chapter 437 for |
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| 39 | 39 | | purposes of that chapter. |
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| 40 | 40 | | Sec. 437A.004. COUNTY RESPONSE TO PERMIT APPLICATION. A |
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| 41 | 41 | | county shall approve or deny a mobile food service establishment's |
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| 42 | 42 | | application for a permit to operate in the county not later than the |
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| 43 | 43 | | third business day after the date the county receives the |
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| 44 | 44 | | application and all information necessary for the county to |
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| 45 | 45 | | consider the application. |
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| 46 | 46 | | Sec. 437A.005. REFUSAL TO ISSUE PERMIT. (a) A county may |
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| 47 | 47 | | refuse to issue a permit for a mobile food service establishment to |
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| 48 | 48 | | operate in the county if the establishment is not in good standing |
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| 49 | 49 | | in another jurisdiction or if the county has previously imposed on |
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| 50 | 50 | | the establishment a citation or fine that raises public health and |
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| 51 | 51 | | safety concerns. |
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| 52 | 52 | | (b) If a county refuses to issue a permit authorizing a |
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| 53 | 53 | | mobile food service establishment to operate in the county, the |
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| 54 | 54 | | county shall provide the establishment with written notice |
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| 55 | 55 | | regarding the basis for the county's refusal and advise the |
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| 56 | 56 | | establishment of any remedial actions the establishment may take to |
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| 57 | 57 | | become eligible for a permit. |
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| 58 | 58 | | Sec. 437A.006. INSPECTION BY COUNTY. (a) A mobile food |
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| 59 | 59 | | service establishment is subject to periodic and unannounced |
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| 60 | 60 | | inspections by the county that issues the permit to operate in the |
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| 61 | 61 | | county under this chapter. |
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| 62 | 62 | | (b) A mobile food service establishment shall allow the |
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| 63 | 63 | | county access to the establishment for an inspection. |
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| 64 | 64 | | (c) If an inspection by the county determines a mobile food |
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| 65 | 65 | | service establishment committed a violation, the county may issue a |
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| 66 | 66 | | fine to the establishment or suspend the establishment's permit. |
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| 67 | 67 | | Sec. 437A.007. PERMIT RENEWAL; NOTICE. A mobile food |
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| 68 | 68 | | service establishment annually shall renew the establishment's |
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| 69 | 69 | | permit under this chapter. |
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| 70 | 70 | | Sec. 437A.008. RULES. The executive commissioner may adopt |
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| 71 | 71 | | the rules necessary to implement this chapter. |
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| 72 | 72 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 73 | 73 | | ______________________________ ______________________________ |
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| 74 | 74 | | President of the Senate Speaker of the House |
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| 75 | 75 | | I certify that H.B. No. 2878 was passed by the House on May 2, |
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| 76 | 76 | | 2023, by the following vote: Yeas 142, Nays 2, 3 present, not |
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| 77 | 77 | | voting. |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Chief Clerk of the House |
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| 80 | 80 | | I certify that H.B. No. 2878 was passed by the Senate on May |
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| 81 | 81 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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| 82 | 82 | | ______________________________ |
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| 83 | 83 | | Secretary of the Senate |
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| 84 | 84 | | APPROVED: _____________________ |
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| 85 | 85 | | Date |
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| 86 | 86 | | _____________________ |
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| 87 | 87 | | Governor |
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