| 1 | 1 | | 89R5158 KRM-D |
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| 2 | 2 | | By: Capriglione H.B. No. 1449 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to permits for mobile food service establishments |
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| 10 | 10 | | operating in certain counties. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Chapter 437A, Health and Safety |
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| 13 | 13 | | Code, is amended to read as follows: |
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| 14 | 14 | | CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN |
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| 15 | 15 | | [CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN |
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| 16 | 16 | | MORE THAN ONE MUNICIPALITY] |
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| 17 | 17 | | SECTION 2. Section 437A.002, Health and Safety Code, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 437A.002. APPLICABILITY. This chapter applies only |
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| 20 | 20 | | to a county[: |
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| 21 | 21 | | [(1)] with a population of more than one [2.1] million |
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| 22 | 22 | | [; and |
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| 23 | 23 | | [(2) in which is located partly or wholly: |
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| 24 | 24 | | [(A) an airport operating under Subchapter D, |
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| 25 | 25 | | Chapter 22, Transportation Code; and |
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| 26 | 26 | | [(B) an airport owned by the principal |
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| 27 | 27 | | municipality in the county that does not offer commercial air |
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| 28 | 28 | | service]. |
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| 29 | 29 | | SECTION 3. The heading to Section 437A.006, Health and |
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| 30 | 30 | | Safety Code, is amended to read as follows: |
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| 31 | 31 | | Sec. 437A.006. INSPECTION [BY COUNTY]. |
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| 32 | 32 | | SECTION 4. Section 437A.006, Health and Safety Code, is |
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| 33 | 33 | | amended by adding Subsection (d) to read as follows: |
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| 34 | 34 | | (d) A county to which this chapter applies may delegate to a |
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| 35 | 35 | | municipality located wholly or partly in the county the inspection |
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| 36 | 36 | | of a mobile food service establishment operating in the |
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| 37 | 37 | | municipality. |
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| 38 | 38 | | SECTION 5. Chapter 437A, Health and Safety Code, is amended |
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| 39 | 39 | | by adding Sections 437A.0075 and 437A.0077 to read as follows: |
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| 40 | 40 | | Sec. 437A.0075. PROHIBITED MUNICIPAL PERMIT REQUIREMENTS. |
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| 41 | 41 | | A municipality located wholly or partly in a county to which this |
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| 42 | 42 | | chapter applies may not require a permit or similar authorization, |
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| 43 | 43 | | other than the permit required under Section 437A.003, for a mobile |
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| 44 | 44 | | food service establishment to operate in the municipality. |
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| 45 | 45 | | Sec. 437A.0077. FEE CALCULATION. A county imposing a fee |
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| 46 | 46 | | for a permit issued or renewed under this chapter shall set the fee |
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| 47 | 47 | | in an amount not to exceed the amount necessary to recover the |
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| 48 | 48 | | annual expenditures for: |
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| 49 | 49 | | (1) reviewing and issuing or otherwise acting on |
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| 50 | 50 | | permits; |
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| 51 | 51 | | (2) amending and renewing permits; |
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| 52 | 52 | | (3) inspecting mobile food service establishments, |
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| 53 | 53 | | including a municipality's expenses for inspections delegated |
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| 54 | 54 | | under Section 437A.006; and |
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| 55 | 55 | | (4) otherwise administering this chapter and rules |
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| 56 | 56 | | adopted under this chapter. |
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| 57 | 57 | | SECTION 6. Section 437.0073, Health and Safety Code, is |
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| 58 | 58 | | repealed. |
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| 59 | 59 | | SECTION 7. The changes in law made by this Act apply to an |
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| 60 | 60 | | ordinance, rule, regulation, policy, or procedure adopted before, |
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| 61 | 61 | | on, or after the effective date of this Act. |
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| 62 | 62 | | SECTION 8. This Act takes effect September 1, 2025. |
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