Texas 2025 - 89th Regular

Texas House Bill HB2156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R20749~~ SRA-F
	1	+	89R3233 SRA-F
2	2		By: Harris H.B. No. 2156
3		-	Substitute the following for H.B. No. 2156:
4		-	By: Metcalf C.S.H.B. No. 2156
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to state and local authority to regulate the food service
12	10		industry.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Chapter 102A, Civil Practice and Remedies Code,
15	13		is amended by adding Section 102A.0015 to read as follows:
16	14		Sec. 102A.0015. APPLICABILITY. In this chapter, a
17	15		reference to a municipality or county includes a public health
18	16		district created by one or more municipalities or counties.
19	17		SECTION 2. Section 102A.002, Civil Practice and Remedies
20	18		Code, is amended to read as follows:
21	19		Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any
22	20		person who has sustained an injury in fact, actual or threatened,
23	21		from a municipal or county ordinance, order, or rule adopted or
24	22		enforced by a municipality or county in violation of any of the
25	23		following provisions or a trade association representing the person
26	24		has standing to bring and may bring an action against the
27	25		municipality or county:
28	26		(1) Section 1.004, Agriculture Code;
29	27		(2) Section 1.109, Business & Commerce Code;
30	28		(3) Section 1.004, Finance Code;
31	29		(3-a) Chapter 437, 437A, or 438, Health and Safety
32	30		Code;
33	31		(4) Section 30.005, Insurance Code;
34	32		(5) Section 1.005, Labor Code;
35	33		(6) Section 229.901, Local Government Code;
36	34		(7) Section 1.003, Natural Resources Code;
37	35		(8) Section 1.004, Occupations Code; or
38	36		(9) Section 1.004, Property Code.
39	37		SECTION 3. Section 437.003, Health and Safety Code, is
40	38		amended to read as follows:
41	39		Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. Subject
42	40		to Section 437.0045, to [To] enforce state law and rules adopted
43	41		under state law, the commissioners court of a county by order may
44	42		require food service establishments, retail food stores, mobile
45	43		food units, and roadside food vendors in unincorporated areas of
46	44		the county, including areas in the extraterritorial jurisdiction of
47	45		a municipality, to obtain a permit from the county.
48		-	SECTION 4. ~~Sections~~ 437.004(a), ~~(c),~~ and ~~(d)~~, ~~Health and~~
49		-	~~Safety Code, are~~ amended to read as follows:
	46	+	SECTION 4. Section 437.004(a), Health and Safety Code, is
	47	+	amended to read as follows:
50	48		(a) Subject to Section 437.0045, a [A] public health
51	49		district that is established by at least one county and one or more
52	50		municipalities in the county by order may require food service
53	51		establishments, retail food stores, mobile food units, and roadside
54	52		food vendors in the district to obtain a permit from the district.
55		-	(c) If the district does not have an administrative board,
56		-	the governing body of each member of the district must adopt the
57		-	order. Subject to Section 437.009(b), the [The] order is effective
58		-	throughout the public health district on the 30th day after the
59		-	first date on which the governing bodies of all members have adopted
60		-	the order.
61		-	(d) This chapter does not restrict the authority of a
62		-	municipality that is a member of a public health district to adopt
63		-	ordinances or administer a permit system concerning food service
64		-	establishments, retail food stores, mobile food units, and roadside
65		-	food vendors, to the extent those ordinances or that system does not
66		-	conflict with a provision of state law.
67	53		SECTION 5. Chapter 437, Health and Safety Code, is amended
68	54		by adding Section 437.0045 to read as follows:
69	55		Sec. 437.0045. LOCAL PERMIT REQUIREMENT LIMITATION.
70	56		Notwithstanding any other law, a county, municipality, or public
71	57		health district, including an authorized agent, employee, or
72	58		department, may only require a permit, license, certification, or
73	59		other form of authority if the permit, license, certification, or
74	60		other form of authority would be required of the food service
75	61		establishment, retail food store, mobile food unit, roadside food
76	62		vendor, or temporary food service establishment or an employee of
77	63		any of those entities if the entity or person was located within the
78	64		department's jurisdiction.
79	65		SECTION 6. Section 437.0091, Health and Safety Code, is
80	66		amended to read as follows:
81	67		Sec. 437.0091. LOCAL [MUNICIPAL] ORDINANCE AND FEE SCHEDULE
82	68		REGISTRY. The department shall establish and maintain on the
83	69		department's Internet website a registry for municipal ordinances
84	70		submitted under Section 437.009(b) and fee schedules submitted
85	71		under Section 437.0124(b). The department shall [and] post in the
86	72		registry each submitted ordinance or fee schedule not later than
87	73		the 10th day after the date the department receives the ordinance or
88	74		fee schedule.
89	75		SECTION 7. Section 437.01235, Health and Safety Code, is
90	76		amended to read as follows:
91	77		Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
92	78		PERMIT OR LICENSE. Notwithstanding any other law, a [A] county, [or
93	79		a] municipality, or public health district, including an authorized
94	80		agent, employee, or department, [with a public health district that
95	81		charges a fee for issuance or renewal of a permit under Section
96	82		437.012 or 437.0123 for a premises located in the county or
97	83		municipality and permitted or licensed by the Texas Alcoholic
98	84		Beverage Commission] may not [also] charge a fee under Section
99		-	11.38 or 61.36, Alcoholic Beverage Code, ~~if the premises is a food~~
100		-	~~service establishment,~~ ~~retail food store,~~ ~~mobile food unit,~~
101		-	~~roadside food vendor, or temporary~~ food service establishment ~~that~~
102		-	~~has already paid a fee to operate to the department~~ or ~~to any~~
103		-	county, ~~municipality, or public health district [for issuance of an~~
104		-	~~alcoholic beverage permit~~ or ~~license for the premises]~~.
	85	+	11.38 or 61.36, Alcoholic Beverage Code, for issuance of an
	86	+	alcoholic beverage permit or license for the premises if the
	87	+	premises is a food service establishment, retail food store, mobile
	88	+	food unit, roadside food vendor, or temporary food service
	89	+	establishment that has already paid a fee to operate to any county,
	90	+	municipality, or public health district.
105	91		SECTION 8. Section 437.0124, Health and Safety Code, is
106	92		amended to read as follows:
107	93		Sec. 437.0124. COUNTY, MUNICIPALITY, AND PUBLIC HEALTH
108	94		DISTRICT FEE SCHEDULE. (a) A county, municipality, or public
109	95		health district shall establish a fee schedule for any fees
110	96		collected under this chapter and revise the fee schedule as
111	97		necessary.
112	98		(b) A county, municipality, or public health district shall
113	99		submit a copy of the fee schedule to the department for inclusion in
114		-	the registry established under Section 437.0091 not later than the
115		-	60th day before the date the fee schedule goes into effect.
	100	+	the registry established under Section 437.0091.
116	101		SECTION 9. Chapter 437, Health and Safety Code, is amended
117		-	by adding Sections 437.0126, 437.0127, 437.029, and 437.030 to read
118		-	as follows:
119		-	Sec. 437.0126. LOCAL FEE LIMITATION. (a) Notwithstanding
120		-	any other law and except as provided by Subsections (c) and (d), a
121		-	county, municipality, or public health district, including an
122		-	authorized agent, employee, or department, may not charge a food
123		-	service establishment, retail food store, mobile food unit,
124		-	roadside food vendor, or temporary food service establishment or an
125		-	employee of any of those entities a fee, including any processing
126		-	fees or added costs, that exceeds the fee the food service
127		-	establishment, retail food store, mobile food unit, roadside food
128		-	vendor, temporary food service establishment, or employee would pay
129		-	to the department if the entity or employee were located within the
130		-	department's jurisdiction.
131		-	(b) A county, municipality, or public health district,
132		-	including an authorized agent, employee, or department, may
133		-	calculate and assess fees in accordance with Subsection (a):
134		-	(1) on an annual or biennial basis; and
135		-	(2) using a risk-based assessment.
136		-	(c) A county, municipality, or public health district,
137		-	including an authorized agent, employee, or department, may assess
138		-	a reinspection fee if:
139		-	(1) the reinspection is necessary to cure a violation
140		-	that presents a direct and significant risk to public health;
141		-	(2) the reinspection fee does not exceed the lesser of
142		-	the cost of an initial inspection or $200; and
143		-	(3) not more than one reinspection fee is charged
144		-	within 60 days of the previous inspection, unless the entity on
145		-	which the fee is imposed failed to make reasonable efforts to
146		-	correct the violation.
147		-	(d) A county, municipality, or public health district may
	102	+	by adding Sections 437.0126, 437.0127, and 437.029 to read as
	103	+	follows:
	104	+	Sec. 437.0126. LOCAL FEE LIMITATION. Notwithstanding any
	105	+	other law, a county, municipality, or public health district,
	106	+	including an authorized agent, employee, or department, may not
148	107		charge a food service establishment, retail food store, mobile food
149	108		unit, roadside food vendor, or temporary food service establishment
150		-	up to 120 percent of the total fees authorized under Subsection (a)
151		-	if the county, municipality, or public health district determines
152		-	that the increased fee is necessary to protect public safety and
153		-	maintain adequate food safety staffing levels in the county,
154		-	municipality, or district. Before imposing the increased fees
155		-	under this subsection, a county, municipality, or public health
156		-	district shall hold at least one annual public meeting or hearing to
157		-	demonstrate compliance with this subsection. This subsection
158		-	applies only to:
159		-	(1) a county with a population of 2.5 million or more;
160		-	(2) a municipality with a population of 950,000 or
161		-	more; or
162		-	(3) a public health district that regulates a county
163		-	or municipality described by Subdivision (1) or (2).
164		-	(e) This section does not prohibit a county, municipality,
165		-	or public health district, including an authorized agent, employee,
166		-	or department, from charging a fee that is necessary for the county,
167		-	municipality, or public health district to comply with an active,
168		-	legally binding federal consent decree, enforcement order, or
169		-	administrative agreement mandating food service compliance
170		-	inspections. Before imposing a fee under this subsection, a county,
171		-	municipality, or public health district shall hold at least one
172		-	annual public meeting or hearing to demonstrate that the fee is
173		-	limited to the amount necessary to comply with a decree, order, or
174		-	agreement.
	109	+	a fee, including any processing fees or added costs, that exceeds
	110	+	the fee the food service establishment, retail food store, mobile
	111	+	food unit, roadside food vendor, or temporary food service
	112	+	establishment would pay to the department if it were located within
	113	+	the department's jurisdiction.
175	114		Sec. 437.0127. STAKEHOLDER NOTICE. (a) A county,
176	115		municipality, or public health district that charges fees, requires
177	116		permits, or conducts inspections under this chapter shall provide
178	117		an opportunity for stakeholders to sign up for e-mail updates from
179	118		the entity.
180	119		(b) At least 60 days before a fee, permit, or inspection
181	120		protocol or procedure is revised, the county, municipality, or
182	121		public health district shall notify by e-mail all stakeholders who
183	122		have signed up for e-mail updates under this section.
184	123		Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any
185	124		other law, the department, a county, a municipality, or a public
186		-	health district, including an authorized agent, employee, or
187		-	department, may not require a food service establishment to obtain
188		-	a sound regulation permit, charge a sound regulation fee to an
189		-	establishment, or otherwise prohibit sound-related activity at an
190		-	establishment if the establishment:
191		-	(1) accepts delivery of supplies or other items,
192		-	provided that if the delivery occurs between 10 p.m. and 5 a.m.,
193		-	then:
194		-	(A) the delivery lasts for one hour or less;
195		-	(B) the delivery is only for food, nonalcoholic
196		-	beverages, food service supplies, or ice; and
197		-	(C) the delivery sound level when measured from
198		-	the residential property closest in proximity to the establishment
199		-	does not exceed 65 dBA, excluding traffic and other background
200		-	noise that can be reasonably excluded; or
201		-	(2) is a restaurant, as defined by Section 1.04,
202		-	Alcoholic Beverage Code, that limits the use of amplified sound for
203		-	playing music or amplifying human speech within the establishment's
204		-	indoor or outside property boundaries to ensure:
	125	+	health district may not require a food service establishment to
	126	+	obtain a sound regulation permit, charge a sound regulation fee to
	127	+	an establishment, or otherwise prohibit sound-related activity at
	128	+	an establishment:
	129	+	(1) for sound arising from the delivery of food,
	130	+	nonalcoholic beverages, food service supplies, or ice to the
	131	+	establishment if the establishment accepts delivery of those items
	132	+	for one hour or less between 10 p.m. and 5 a.m., provided the sound
	133	+	level from the deliveries does not exceed 75 dBA when measured from
	134	+	the residential property closest in proximity to the establishment,
	135	+	excluding traffic and other background noise that can be reasonably
	136	+	excluded; or
	137	+	(2) for amplified sound if the establishment is a
	138	+	restaurant, as defined by Section 1.04, Alcoholic Beverage Code,
	139	+	that limits the use of amplified sound for playing music or
	140	+	amplifying human speech within the establishment's indoor or
	141	+	outside property boundaries to ensure:
205	142		(A) the amplified sound is not used after 10 p.m.
206	143		on Sunday through Thursday and 11 p.m. on Friday and Saturday; and
207	144		(B) the amplified sound level does not exceed 70
208	145		dBA or 75 dBC when measured at the establishment's property
209	146		perimeter, excluding traffic and other background noise that can be
210	147		reasonably excluded.
211	148		(b) Subsection (a)(2) does not apply to a food service
212	149		establishment on property that is located within 300 feet of a
213		-	residence that was occupied before ~~any~~ food service establishment
	150	+	residence that was occupied before the food service establishment
214	151		was located on the property.
215	152		(c) This section does not restrict the authority of a
216	153		municipality or county to enforce the limitations described by
217	154		Subsection (a) or an ordinance or order the municipality or county
218	155		adopts, to the extent the ordinance or order does not conflict with
219	156		that subsection.
220		-	Sec. 437.030. TRANSPORTING, DELIVERING, AND SERVING FOOD AT
221		-	WORKPLACE BY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD UNIT. (a)
222		-	This section applies only to a permitted food service establishment
223		-	or permitted mobile food unit transporting and delivering to the
224		-	premises of a workplace food to be served by an employee or
225		-	contractor of the establishment or unit.
226		-	(b) Notwithstanding any other law, a county, a
227		-	municipality, a public health district, or the department may not
228		-	require a permitted food service establishment or permitted mobile
229		-	food unit or an employee or contractor of an establishment or unit
230		-	to obtain an additional permit or certification to transport,
231		-	deliver, and serve food at the premises of a workplace if:
232		-	(1) in the event that the food is assembled at the
233		-	workplace, the employees or contractors of the establishment or
234		-	unit comply with applicable food handler and food manager
235		-	certification requirements;
236		-	(2) an employee or contractor of the establishment or
237		-	unit serves the prepared food at the workplace premises;
238		-	(3) the prepared food is sold to employees or guests of
239		-	the workplace;
240		-	(4) the food is prepared, transported, delivered, and
241		-	served in accordance with local catering food safety rules,
242		-	including time and temperature requirements;
243		-	(5) adequate bathrooms and handwashing stations,
244		-	whether plumbed or portable, are available on the workplace
245		-	premises; and
246		-	(6) the establishment or unit transports, delivers,
247		-	and serves food to the workplace premises not more than three days
248		-	in a seven-day period.
249	157		SECTION 10. Section 438.1055, Health and Safety Code, is
250	158		amended to read as follows:
251	159		Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
252	160		CARD OR LOCAL FEE. Notwithstanding any other law, a [A] local
253	161		health jurisdiction may not require a food manager who holds a food
254		-	manager certificate issued under this subchapter to pay a fee for or
255		-	to hold a local food manager card, license, permit, or
256		-	certification or any other credential or paperwork [or charge a fee
257		-	for issuance of the certificate under this subchapter].
258		-	SECTION 11. This Act takes effect September 1, 2025.
	162	+	manager certificate issued under this subchapter to hold a local
	163	+	food manager card, license, permit, or certification or any other
	164	+	credential or paperwork or charge a fee for issuance of the
	165	+	certificate under this subchapter.
	166	+	SECTION 11. Section 437.004(d), Health and Safety Code, is
	167	+	repealed.
	168	+	SECTION 12. This Act takes effect September 1, 2025.