89R5158 KRM-D
By: Capriglione H.B. No. 1449
A BILL TO BE ENTITLED
AN ACT
relating to permits for mobile food service establishments
operating in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 437A, Health and Safety
Code, is amended to read as follows:
CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
[CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN
MORE THAN ONE MUNICIPALITY]
SECTION 2. Section 437A.002, Health and Safety Code, is
amended to read as follows:
Sec. 437A.002. APPLICABILITY. This chapter applies only
to a county[:
[(1)] with a population of more than one [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].
SECTION 3. The heading to Section 437A.006, Health and
Safety Code, is amended to read as follows:
Sec. 437A.006. INSPECTION [BY COUNTY].
SECTION 4. Section 437A.006, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) A county to which this chapter applies may delegate to a
municipality located wholly or partly in the county the inspection
of a mobile food service establishment operating in the
municipality.
SECTION 5. Chapter 437A, Health and Safety Code, is amended
by adding Sections 437A.0075 and 437A.0077 to read as follows:
Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.
A municipality located wholly or partly in a county to which this
chapter applies may not require a permit or similar authorization,
other than the permit required under Section 437A.003, for a mobile
food service establishment to operate in the municipality.
Sec. 437A.0077. FEE CALCULATION. A county imposing a fee
for a permit issued or renewed under this chapter shall set the fee
in an amount not to exceed the amount necessary to recover the
annual expenditures for:
(1) reviewing and issuing or otherwise acting on
permits;
(2) amending and renewing permits;
(3) inspecting mobile food service establishments,
including a municipality's expenses for inspections delegated
under Section 437A.006; and
(4) otherwise administering this chapter and rules
adopted under this chapter.
SECTION 6. Section 437.0073, Health and Safety Code, is
repealed.
SECTION 7. The changes in law made by this Act apply to an
ordinance, rule, regulation, policy, or procedure adopted before,
on, or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2025.