Texas 2023 - 88th Regular

Texas Senate Bill SB577 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 577
2	2
3	3
4	4	AN ACT
5	5	relating to regulation of food service establishments, retail food
6	6	stores, mobile food units, roadside food vendors, temporary food
7	7	service establishments, and food managers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 437, Health and Safety Code, is amended
10	10	by amending Section 437.009 and adding Sections 437.0091,
11	11	437.01235, and 437.027 to read as follows:
12	12	Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION
13	13	OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a)
14	14	Authorized agents or employees of the department, a county, or a
15	15	public health district may enter the premises of a food service
16	16	establishment, retail food store, mobile food unit, roadside food
17	17	vendor, or temporary food service establishment under the
18	18	department's, county's, or district's jurisdiction during normal
19	19	operating hours to conduct inspections to determine compliance
20	20	with:
21	21	(1) state law, including a requirement to hold and
22	22	display written authorization under Section 437.021;
23	23	(2) rules adopted under state law; and
24	24	(3) orders adopted by the department, county, or
25	25	district.
26	26	(b) A municipality or public health district of which the
27	27	municipality is a member may not conduct an inspection to determine
28	28	compliance with an ordinance the municipality adopts that differs
29	29	from state law or department rules or orders before the 60th day
30	30	following the date the municipality or district submits a copy of
31	31	the ordinance to the department for inclusion in the registry
32	32	established under Section 437.0091.
33	33	(c) Notwithstanding any other law, the department, a
34	34	county, a municipality, or a public health district, including an
35	35	authorized agent or employee, that conducts an inspection
36	36	authorized under this section may not take disciplinary action
37	37	against or otherwise penalize a food service establishment, retail
38	38	food store, mobile food unit, roadside food vendor, or temporary
39	39	food service establishment for failing to adhere to easily
40	40	cleanable surface requirements for wall and ceiling surfaces,
41	41	decorative items, or attachments in a consumer area, provided the
42	42	surfaces, items, or attachments are kept clean. For purposes of
43	43	this subsection, a consumer area includes a dining room, outdoor
44	44	dining area, or bar seating area in which customers consume food but
45	45	does not include a table, bar top, or other similar surface where
46	46	food is regularly prepared or consumed.
47	47	Sec. 437.0091. MUNICIPAL ORDINANCE REGISTRY. The
48	48	department shall establish and maintain on the department's
49	49	Internet website a registry for municipal ordinances submitted
50	50	under Section 437.009(b) and post in the registry each submitted
51	51	ordinance not later than the 10th day after the date the department
52	52	receives the ordinance.
53	53	Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
54	54	PERMIT OR LICENSE. A county or a municipality with a public health
55	55	district that charges a fee for issuance or renewal of a permit
56	56	under Section 437.012 or 437.0123 for a premises located in the
57	57	county or municipality and permitted or licensed by the Texas
58	58	Alcoholic Beverage Commission may not also charge a fee under
59	59	Section 11.38 or 61.36, Alcoholic Beverage Code, for issuance of an
60	60	alcoholic beverage permit or license for the premises.
61	61	Sec. 437.027. PROHIBITED RESTRICTIONS ON PACKAGING,
62	62	UTENSILS, AND STRAWS. Notwithstanding any other law, the
63	63	department, a county, a municipality, or a public health district
64	64	may not restrict the type or quantity of packaging, utensils, or
65	65	straws a food service establishment, retail food store, mobile food
66	66	unit, roadside food vendor, or temporary food service establishment
67	67	provides to customers.
68	68	SECTION 2. Subchapter G, Chapter 438, Health and Safety
69	69	Code, is amended by adding Section 438.1055 to read as follows:
70	70	Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
71	71	CARD OR LOCAL FEE. A local health jurisdiction may not require a
72	72	food manager who holds a food manager certificate issued under this
73	73	subchapter to hold a local food manager card or charge a fee for
74	74	issuance of the certificate under this subchapter.
75	75	SECTION 3. (a) As soon as practicable after the effective
76	76	date of this Act, the Department of State Health Services shall
77	77	establish the registry required under Section 437.0091, Health and
78	78	Safety Code, as added by this Act.
79	79	(b) The changes in law made by this Act apply only to an
80	80	inspection conducted or order issued on or after the effective date
81	81	of this Act.
82	82	SECTION 4. This Act takes effect September 1, 2023.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I hereby certify that S.B. No. 577 passed the Senate on
86	86	April 27, 2023, by the following vote: Yeas 30, Nays 1.
87	87	______________________________
88	88	Secretary of the Senate
89	89	I hereby certify that S.B. No. 577 passed the House on
90	90	May 12, 2023, by the following vote: Yeas 137, Nays 3,
91	91	two present not voting.
92	92	______________________________
93	93	Chief Clerk of the House
94	94	Approved:
95	95	______________________________
96	96	Date
97	97	______________________________
98	98	Governor