S.B. No. 577
AN ACT
relating to regulation of food service establishments, retail food
stores, mobile food units, roadside food vendors, temporary food
service establishments, and food managers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by amending Section 437.009 and adding Sections 437.0091,
437.01235, and 437.027 to read as follows:
Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION
OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a)
Authorized agents or employees of the department, a county, or a
public health district may enter the premises of a food service
establishment, retail food store, mobile food unit, roadside food
vendor, or temporary food service establishment under the
department's, county's, or district's jurisdiction during normal
operating hours to conduct inspections to determine compliance
with:
(1) state law, including a requirement to hold and
display written authorization under Section 437.021;
(2) rules adopted under state law; and
(3) orders adopted by the department, county, or
district.
(b) A municipality or public health district of which the
municipality is a member may not conduct an inspection to determine
compliance with an ordinance the municipality adopts that differs
from state law or department rules or orders before the 60th day
following the date the municipality or district submits a copy of
the ordinance to the department for inclusion in the registry
established under Section 437.0091.
(c) Notwithstanding any other law, the department, a
county, a municipality, or a public health district, including an
authorized agent or employee, that conducts an inspection
authorized under this section may not take disciplinary action
against or otherwise penalize a food service establishment, retail
food store, mobile food unit, roadside food vendor, or temporary
food service establishment for failing to adhere to easily
cleanable surface requirements for wall and ceiling surfaces,
decorative items, or attachments in a consumer area, provided the
surfaces, items, or attachments are kept clean. For purposes of
this subsection, a consumer area includes a dining room, outdoor
dining area, or bar seating area in which customers consume food but
does not include a table, bar top, or other similar surface where
food is regularly prepared or consumed.
Sec. 437.0091. MUNICIPAL ORDINANCE REGISTRY. The
department shall establish and maintain on the department's
Internet website a registry for municipal ordinances submitted
under Section 437.009(b) and post in the registry each submitted
ordinance not later than the 10th day after the date the department
receives the ordinance.
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
PERMIT OR LICENSE. A county or a municipality with a public health
district that charges a fee for issuance or renewal of a permit
under Section 437.012 or 437.0123 for a premises located in the
county or municipality and permitted or licensed by the Texas
Alcoholic Beverage Commission may not also charge a fee under
Section 11.38 or 61.36, Alcoholic Beverage Code, for issuance of an
alcoholic beverage permit or license for the premises.
Sec. 437.027. PROHIBITED RESTRICTIONS ON PACKAGING,
UTENSILS, AND STRAWS. Notwithstanding any other law, the
department, a county, a municipality, or a public health district
may not restrict the type or quantity of packaging, utensils, or
straws a food service establishment, retail food store, mobile food
unit, roadside food vendor, or temporary food service establishment
provides to customers.
SECTION 2. Subchapter G, Chapter 438, Health and Safety
Code, is amended by adding Section 438.1055 to read as follows:
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
CARD OR LOCAL FEE. A local health jurisdiction may not require a
food manager who holds a food manager certificate issued under this
subchapter to hold a local food manager card or charge a fee for
issuance of the certificate under this subchapter.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the Department of State Health Services shall
establish the registry required under Section 437.0091, Health and
Safety Code, as added by this Act.
(b) The changes in law made by this Act apply only to an
inspection conducted or order issued on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 577 passed the Senate on
April 27, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 577 passed the House on
May 12, 2023, by the following vote: Yeas 137, Nays 3,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor