Texas 2025 - 89th Regular

Texas House Bill HB2683 Compare Versions

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1	1		By: Harrison H.B. No. 2683
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the regulation of mobile food vendors; requiring an
7	9		occupational license; imposing fees; authorizing an administrative
8	10		penalty.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle A, Title 6, Health & Safety Code, is
11	13		amended by adding Chapter 437B to read as follows:
12	14		CHAPTER 437B. MOBILE FOOD VENDORS
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 437B.001. This chapter may be cited as the Mobile Food
15	17		Vendor Freedom Act.
16	18		Sec. 437B.002. PURPOSES. The purposes of this chapter are
17	19		to:
18	20		(1) legalize mobile food vending across the state;
19	21		(2) promote agriculture and expand economic
20	22		development;
21	23		(3) foster opportunities for small businesses and
22	24		stimulate innovation;
23	25		(4) increase consumer access to desired local foods;
24	26		(5) simplify and standardize mobile food vending
25	27		regulations; and
26	28		(6) protect public health and safety by ensuring
27	29		mobile food vendors follow clear, narrowly tailored regulations
28	30		that address demonstrable health and safety risks.
29	31		Sec. 437B.003. DEFINITIONS. In this chapter:
30	32		(1) "Applicant" means a person who applies to the
31	33		department to receive a license to operate as a mobile food vendor.
32	34		(2) "Food vending vehicle" means any motorized vehicle
33	35		a mobile food vendor uses to sell food and beverages.
34	36		(3) "License holder" means a person who holds a mobile
35	37		food vending license issued under this chapter.
36	38		(4) "Local authority" means a municipality, county,
37	39		public health authority, special purpose district or authority, or
38	40		any other political subdivision of this state.
39	41		(5) "Mobile food vendor" means any person who
40	42		dispenses food or beverages from a food vending vehicle for
41	43		immediate service or consumption.
42	44		(6) "Prepackaged food" means any commercially labeled
43	45		and processed food that is prepackaged to prevent direct human
44	46		contact with the food product on distribution from the
45	47		manufacturer, food facility, or other approved source.
46	48		(7) "Public property" means real property owned by a
47	49		governmental entity and includes all rights-of-way other than
48	50		public sidewalks and rights-of-way in public parks.
49	51		Sec. 437B.004. CONSTRUCTION. This chapter may not be
50	52		construed to require a local authority to enter into a
51	53		collaborative agreement with the department to conduct health
52	54		inspections, adopt a program regulating mobile food vendors, or
53	55		modify a local authority's existing program regulating mobile food
54	56		vendors, provided the local authority's regulations do not conflict
55	57		with this chapter.
56	58		Sec. 437B.005. PREEMPTION. This chapter preempts a local
57	59		authority's power to prohibit or regulate mobile food vending in a
58	60		manner that conflicts with this chapter.
59	61		Sec. 437B.006. RULES. The executive commissioner may adopt
60	62		rules to implement this chapter. The rules must be narrowly
61	63		tailored to address a demonstrable health or safety risk and may
62	64		not:
63	65		(1) limit the number of mobile food vending licenses
64	66		the department may issue;
65	67		(2) address the hours of operation for mobile food
66	68		vendors;
67	69		(3) restrict a mobile food vendor's propane capacity
68	70		below the capacity state law allows for commercial vehicles; or
69	71		(4) require a mobile food vendor to:
70	72		(A) operate a specific distance from the
71	73		perimeter of a commercial establishment or restaurant;
72	74		(B) obtain a license or permit for or perform a
73	75		background or criminal history record check on the mobile food
74	76		vendor's employees;
75	77		(C) enter into any agreement with a commercial
76	78		establishment or restaurant in order to operate;
77	79		(D) have a handwashing sink in the vehicle of a
78	80		mobile food vendor who sells only prepackaged food;
79	81		(E) associate with a commissary if the mobile
80	82		food vendor's food vending vehicle carries the equipment necessary
81	83		to comply with state law;
82	84		(F) obtain any additional permits from a local
83	85		authority, unless the mobile food vendor seeks to operate in a
84	86		public park governed by the local authority;
85	87		(G) provide the vendor's fingerprints as a
86	88		condition of holding a mobile food vending license;
87	89		(H) install a global positioning system tracking
88	90		device on the mobile food vendor's food vending vehicle;
89	91		(I) keep the mobile food vendor's food vending
90	92		vehicle in constant motion except when serving customers;
91	93		(J) maintain insurance that names a local
92	94		authority as an additional insured unless the mobile food vendor is
93	95		attending an event sponsored by the local authority or operating in
94	96		a local public park;
95	97		(K) obtain a bond that names a local authority as
96	98		a beneficiary unless the mobile food vendor is attending an event
97	99		sponsored by the local authority or operating in a local public
98	100		park;
99	101		(L) submit the vendor's food vending vehicle to
100	102		an additional fire inspection if the vendor demonstrates that the
101	103		vehicle passed a state or local fire inspection within the
102	104		preceding 12 months; or
103	105		(M) submit to health inspections other than an
104	106		inspection conducted by the department or a local authority under a
105	107		collaborative agreement unless the department is investigating a
106	108		reported foodborne illness.
107	109		SUBCHAPTER B. LICENSE
108	110		Sec. 437B.051. LICENSE REQUIRED. (a) A person may not
109	111		operate as a mobile food vendor in this state without obtaining a
110	112		mobile food vending license from the department. A separate mobile
111	113		food vending license is required for each food vending vehicle
112	114		operated by a mobile food vendor.
113	115		(b) A local authority may not prohibit from operating in its
114	116		jurisdiction a mobile food vendor that holds a mobile food vending
115	117		license and complies with all other state and local laws not in
116	118		conflict with this chapter.
117	119		Sec. 437B.052. FORM OF APPLICATION. The department shall
118	120		prescribe a written application for a mobile food vending license.
119	121		The department shall make the mobile food vending license
120	122		application available to applicants in person and on the
121	123		department's Internet website.
122	124		Sec. 437B.053. APPLICATION REQUIREMENTS. (a) An applicant
123	125		for a license under this subchapter must submit an application to
124	126		the department on the form prescribed by the department. The
125	127		application must contain:
126	128		(1) the applicant's name, address, and telephone
127	129		number;
128	130		(2) the name, address, and telephone number of any
129	131		associated entity or organization the applicant is representing and
130	132		copies of documents verifying that relationship;
131	133		(3) the applicant's primary residences and business
132	134		addresses during the 12 months preceding the date of the
133	135		application;
134	136		(4) the nature of the food or beverages the applicant
135	137		will sell for the purpose of the department establishing the
136	138		applicant's food type classification;
137	139		(5) a statement of whether the applicant has
138	140		previously been denied a mobile food vending license or has had a
139	141		mobile food vending license suspended or revoked in another state
140	142		or local jurisdiction and the reasons for any denial, suspension,
141	143		or revocation; and
142	144		(6) for each food vending vehicle the applicant is
143	145		applying for a license to operate:
144	146		(A) the vehicle license number, description,
145	147		identification number, and registration;
146	148		(B) proof of vehicle insurance; and
147	149		(C) a copy or proof of any additional licenses or
148	150		permits required by this state for commercial vehicles.
149	151		(b) An applicant must attest under oath the information
150	152		submitted under Subsection (a).
151	153		(c) The department may require an applicant to submit
152	154		additional information.
153	155		(d) An applicant may submit one application for all food
154	156		vending vehicles that require a license under this subchapter.
155	157		(e) An applicant's failure to submit a complete application
156	158		may result in denial of a license.
157	159		(f) A person may not intentionally provide false
158	160		information or intentionally omit requested information on an
159	161		application for a license.
160	162		Sec. 437B.054. HEALTH INSPECTION. (a) Not later than the
161	163		14th day after the date the department receives a complete license
162	164		application, the department or a governmental entity acting under a
163	165		collaborative agreement as provided by Subchapter D, shall conduct
164	166		a health inspection of each of the applicant's food vending
165	167		vehicles listed on the application. The department may not issue a
166	168		mobile food vending license to an applicant whose food vending
167	169		vehicle does not pass a health inspection.
168	170		(b) The department shall ensure that:
169	171		(1) an applicant's food vending vehicle is safe for
170	172		preparing, handling, and selling food; and
171	173		(2) an applicant is in compliance with all applicable
172	174		laws and the rules adopted under those laws.
173	175		Sec. 437B.055. ISSUANCE OF LICENSE. (a) The department
174	176		shall issue a mobile food vending license to an applicant who
175	177		submits a complete application, pays any required fee, meets the
176	178		department's licensing requirements, and whose food vending
177	179		vehicle passes a health inspection.
178	180		(b) A license issued under this section expires on the first
179	181		anniversary of the date it was issued.
180	182		Sec. 437B.056. LICENSE RENEWAL. (a) Before expiration of a
181	183		license, the department shall send notice of the expiration to the
182	184		mobile food vendor. The mobile food vendor shall submit a renewal
183	185		application before the date the license expires.
184	186		(b) A mobile food vendor may continue to operate while the
185	187		mobile food vendor's application for renewal is pending with the
186	188		department.
187	189		Sec. 437B.057. LICENSE NOT TRANSFERABLE; SUBSTITUTION OF
188	190		VEHICLE. (a) A license issued under this subchapter is not
189	191		transferable and does not authorize the activities of any person
190	192		other than the person who holds the license.
191	193		(b) The sale of one food vending vehicle identified in a
192	194		license application, when replaced by another food vending vehicle,
193	195		does not invalidate the original license or require a new license. A
194	196		license holder who replaces a food vending vehicle with another
195	197		vehicle must provide to the department for the food vending vehicle
196	198		the information required by Section 437B.053 and have the vehicle
197	199		inspected as required by Section 437B.054. The health inspection
198	200		shall be conducted as soon as practicable but not later than the
199	201		14th calendar day after the date the department receives the
200	202		information required under this section.
201	203		(c) The recipient of transferred mobile food vending
202	204		business assets must apply for and obtain a new mobile food vending
203	205		license before operating as a mobile food vendor.
204	206		Sec. 437B.058. FEES. (a) The department may charge a fee
205	207		for each license application submitted and each license issued or
206	208		renewed under this chapter. The department may establish a schedule
207	209		of fees based on the license classifications described by Section
208	210		437B.151. The department shall set the fees in amounts that are
209	211		reasonable in relation to the costs of administering this section
210	212		but not more than $200.
211	213		(b) The department may charge a fee for a health inspection
212	214		of an applicant's food vending vehicle required under Section
213	215		437B.054. The department shall set the fee in an amount that covers
214	216		the cost of conducting a health inspection under that section.
215	217		(c) At the time the department issues or renews a mobile
216	218		food vending license, the department shall charge a fee for a health
217	219		inspection required under Subchapter D. The department shall set
218	220		the fee in an amount that is based on the average cost of conducting
219	221		a health inspection multiplied by the number of annual health
220	222		inspections required during the next year for the mobile food
221	223		vendor classification type as described by Section 437B.151.
222	224		Sec. 437B.059. APPLICATION GUIDE. (a) The department
223	225		shall develop a guide on the mobile food vending licensing
224	226		procedures. The guide must include:
225	227		(1) instructions for obtaining, maintaining, and
226	228		renewing a mobile food vending license; and
227	229		(2) a description of the department's standards for
228	230		inspecting a food vending vehicle.
229	231		(b) The department shall make the guide available at the
230	232		department's office and on the department's Internet website.
231	233		Sec. 437B.060. DEPARTMENT DATABASE. (a) The department
232	234		shall establish and maintain a statewide database for use by the
233	235		department and local authorities that includes the:
234	236		(1) names of mobile food vendors who hold licenses
235	237		under this chapter;
236	238		(2) results of health inspections of mobile food
237	239		vendors' food vending vehicles, including inspection reports;
238	240		(3) public complaints made against mobile food
239	241		vendors; and
240	242		(4) itineraries of mobile food vendors submitted under
241	243		Subsection (b).
242	244		(b) A mobile food vendor may periodically submit to the
243	245		department an itinerary of the locations of the mobile food
244	246		vendor's food vending vehicles.
245	247		SUBCHAPTER C. MOBILE FOOD VENDING OPERATIONS
246	248		Sec. 437B.101. COMPLIANCE WITH STATE AND LOCAL LAW. A
247	249		mobile food vendor shall comply with all state and local laws in the
248	250		jurisdiction in which the mobile food vendor operates, including
249	251		all fire codes and zoning codes, that do not conflict with this
250	252		chapter.
251	253		Sec. 437B.102. LOCATION OF OPERATION. (a) A mobile food
252	254		vendor may operate on public property if the food vending vehicle is
253	255		parked at least 20 feet away from a street intersection. A mobile
254	256		food vendor may operate on any legal parking space, including a
255	257		metered space located on a public right-of-way, if the mobile food
256	258		vendor pays the required fees for parking in the space. When
257	259		operating on public property, a mobile food vendor is subject to the
258	260		same parking rules and restrictions as a commercial vehicle.
259	261		(b) A mobile food vendor may operate on private property if
260	262		the property is:
261	263		(1) located in an area in which food service
262	264		establishments may operate and the mobile food vendor has
263	265		permission from the property owner or the property owner's designee
264	266		to operate on the property; or
265	267		(2) located in a residential area and the mobile food
266	268		vendor is invited by a resident to operate on the resident's
267	269		property for the purpose of serving food to the resident or the
268	270		resident's guests.
269	271		(c) A mobile food vendor may not obstruct the passage of
270	272		pedestrians or vehicles along any street, sidewalk, or parkway.
271	273		Sec. 437B.103. FOOD VENDING VEHICLE DRIVER REQUIREMENTS. A
272	274		person who drives a food vending vehicle must hold a current
273	275		commercial driver's license issued under Chapter 522,
274	276		Transportation Code.
275	277		Sec. 437B.104. OPERATIONAL STANDARDS. (a) A mobile food
276	278		vendor shall:
277	279		(1) maintain in good operating order each food vending
278	280		vehicle the mobile food vendor uses;
279	281		(2) when operating on public property, position a food
280	282		vending vehicle in such a manner as to face the service window
281	283		toward the sidewalk or away from the street;
282	284		(3) provide a waste receptacle for customers that is
283	285		clearly marked and request customers use the waste receptacle;
284	286		(4) collect, remove, and dispose of all refuse within
285	287		25 feet of the mobile food vendor's operating area at the conclusion
286	288		of service;
287	289		(5) submit to and pass any required health inspection
288	290		conducted under Subchapter D; and
289	291		(6) display the mobile food vendor's mobile food
290	292		vending license and health inspection certificate in a conspicuous
291	293		location for public view.
292	294		(b) A mobile food vendor operating at a temporary mass
293	295		gathering that occurs over multiple days may operate in a
294	296		stationary manner for the duration of the temporary mass gathering,
295	297		not to exceed three consecutive days, without moving or changing
296	298		location, if the mobile food vendor maintains sanitary conditions.
297	299		Sec. 437B.105. FOOD SAFETY. (a) A mobile food vendor shall
298	300		comply with all laws and rules regarding food safety.
299	301		(b) At least one person working in a food vending vehicle
300	302		must hold a current food safety certification from a food service
301	303		program accredited as provided by Subchapter D, Chapter 438.
302	304		SUBCHAPTER D. HEALTH INSPECTIONS
303	305		Sec. 437B.151. MOBILE FOOD VENDOR CLASSIFICATIONS. (a)
304	306		The executive commissioner by rule shall establish classifications
305	307		of mobile food vendors for purposes of conducting health
306	308		inspections as follows:
307	309		(1) mobile food type I vendor for a mobile food vendor
308	310		who dispenses prepackaged foods, does not dispense time or
309	311		temperature control for safety beverages, or poses a low risk of
310	312		harm to the public;
311	313		(2) mobile food type II vendor for a mobile food vendor
312	314		who dispenses food that requires limited handling and preparation;
313	315		and
314	316		(3) mobile food type III vendor for a mobile food
315	317		vendor who prepares, cooks, holds, and serves food from a food
316	318		vending vehicle.
317	319		(b) The rules adopted under Subsection (a) shall specify the
318	320		categories of foods or beverages that mobile food vendors in each
319	321		classification may serve.
320	322		Sec. 437B.152. CHANGING CLASSIFICATIONS. A mobile food
321	323		vendor who seeks to serve food or beverages that may require the
322	324		vendor's reclassification shall notify the department of the nature
323	325		of the food or beverages to be sold. The department, or a local
324	326		authority in a collaborative agreement with the department under
325	327		Section 437B.153, may conduct a health inspection and reclassify
326	328		the mobile food vendor in accordance with the rules adopted under
327	329		Section 437B.151.
328	330		Sec. 437B.153. INSPECTIONS; COLLABORATIVE AGREEMENT WITH
329	331		LOCAL AUTHORITY. (a) To protect public health and safety, the
330	332		department shall ensure that a mobile food vendor is inspected on an
331	333		ongoing, randomized basis based on the mobile food vendor's
332	334		classification and health inspection grade.
333	335		(b) On request by a local authority, the department may
334	336		enter into a collaborative agreement with the local authority for
335	337		conducting health inspections. The department shall reimburse the
336	338		local authority acting under a collaborative agreement for the cost
337	339		of conducting a health inspection using money collected for health
338	340		inspection fees under Section 437B.058(c).
339	341		Sec. 437B.154. INSPECTION CRITERIA AND GRADING. (a) The
340	342		executive commissioner by rule shall establish statewide objective
341	343		criteria and a score-based grading system to be used by the
342	344		department or a local authority acting under a collaborative
343	345		agreement for conducting health inspections of mobile food vendors.
344	346		(b) The health inspection criteria established under
345	347		Subsection (a) shall provide a letter-grade format for rating a
346	348		mobile food vendor. The format shall rate a mobile food vendor with
347	349		a grade of "A," "B," "C," or "F" based on the score received during a
348	350		health inspection.
349	351		(c) The department shall provide a certificate of
350	352		excellence to a mobile food vendor who receives two consecutive
351	353		grades of "A." The department shall suspend the license of a mobile
352	354		food vendor who receives a grade of "F" until the vendor:
353	355		(1) corrects all violations discovered during the
354	356		health inspection; and
355	357		(2) is reinspected by the department or local
356	358		authority and receives a grade of "A," "B," or "C" for the health
357	359		inspection.
358	360		Sec. 437B.155. INSPECTION CERTIFICATE. (a) On completion
359	361		of a health inspection of a mobile food vendor, the department, or
360	362		local authority operating under a collaborative agreement, shall
361	363		issue a certificate to the mobile food vendor displaying the
362	364		vendor's letter grade and any applicable achievement of excellence
363	365		and record the grade in the department's database.
364	366		(b) A mobile food vendor shall display the certificate
365	367		received under Subsection (a) in a conspicuous location within view
366	368		of customers on the vendor's food vending vehicle.
367	369		Sec. 437B.156. FREQUENCY OF INSPECTIONS. The department,
368	370		or local authority operating under a collaborative agreement, shall
369	371		conduct randomized health inspections of mobile food vendors based
370	372		on the mobile food vendor's classification as follows:
371	373		(1) a mobile food type I vendor may be inspected only
372	374		when the department or a local authority receives a public health or
373	375		safety complaint regarding the mobile food vendor unless a health
374	376		inspection reveals a violation, then the mobile food vendor is
375	377		subject to health inspections at the frequency set for a mobile food
376	378		type II vendor until the vendor obtains a certificate of
377	379		excellence;
378	380		(2) a mobile food type II vendor shall be inspected
379	381		once each calendar year unless:
380	382		(A) on a health inspection the mobile food vendor
381	383		receives a certificate of excellence, then the mobile food vendor
382	384		shall subsequently be inspected at the frequency set for a mobile
383	385		food type I vendor; and
384	386		(B) the mobile food vendor holds a certificate of
385	387		excellence and receives a score lower than an "A" on a health
386	388		inspection, then the certificate of excellence is voided and the
387	389		mobile food vendor shall subsequently be inspected once each
388	390		calendar year; and
389	391		(3) a mobile food type III vendor shall be inspected
390	392		twice each calendar year unless:
391	393		(A) on a health inspection the mobile food vendor
392	394		receives a certificate of excellence, then the mobile food vendor
393	395		shall be inspected at the frequency set for mobile food type II
394	396		vendors; and
395	397		(B) the mobile food vendor holds a certificate of
396	398		excellence and receives a score lower than an "A" on a health
397	399		inspection, then the certificate of excellence is voided and the
398	400		mobile food vendor shall subsequently be inspected three times each
399	401		calendar year.
400	402		Sec. 437B.157. NOTICE OF LOCATION FOR INSPECTIONS. A
401	403		mobile food vendor shall make available to the department a list of
402	404		all locations at which the mobile food vendor operates. A mobile
403	405		food vendor may provide the list of locations through the mobile
404	406		food vendor's social media or on the mobile food vendor's Internet
405	407		website. If the mobile food vendor does not provide the list of
406	408		operating locations on social media or the mobile food vendor's
407	409		Internet website, the mobile food vendor shall submit to the
408	410		department in the form and manner prescribed by the department a
409	411		list of the locations at which the mobile food vendor operates.
410	412		Sec. 437B.158. REIMBURSEMENT OF INSPECTION FEE. On request
411	413		of a mobile food vendor, the department shall reimburse the mobile
412	414		food vendor the portion of the fee charged for each health
413	415		inspection required under this subchapter that was not conducted by
414	416		the department or local authority under a collaborative agreement
415	417		during the time the mobile food vendor's license was valid. The
416	418		department shall reimburse the mobile food vendor not later than
417	419		the 30th day after the date the department receives the mobile food
418	420		vendor's request.
419	421		SUBCHAPTER E. REGULATION BY LOCAL AUTHORITY
420	422		Sec. 437B.201. REGULATION BY LOCAL AUTHORITY. (a) A local
421	423		authority may regulate a license holder in accordance with this
422	424		subchapter. A local authority may:
423	425		(1) restrict the mobile food vendor from using a
424	426		noisemaking device that produces sound of more than 75 decibels
425	427		measured 23 feet from the device during specific times of day;
426	428		(2) restrict a mobile food vendor from operating in a
427	429		public park or require a special permit and payment of fees to
428	430		operate in a public park;
429	431		(3) prohibit a mobile food vendor from restricting or
430	432		blocking ingress to or egress from private property;
431	433		(4) develop a mobile food vendor metered parking pass
432	434		for a fee that authorizes a mobile food vendor to operate from
433	435		metered parking spaces for longer than otherwise allowed for
434	436		vehicles parking in the spaces;
435	437		(5) investigate reports of foodborne illnesses;
436	438		(6) report a mobile food vendor's suspected violation
437	439		of this chapter to the department and recommend the department
438	440		suspend or revoke the vendor's mobile food vending license; and
439	441		(7) cite mobile food vendors and issue penalties for
440	442		violations of local law not in conflict with this chapter.
441	443		(b) A local authority may not:
442	444		(1) prohibit or restrict a mobile food vendor from
443	445		operating in a lawful manner;
444	446		(2) address the hours of operation for a mobile food
445	447		vendor;
446	448		(3) unless the mobile food vendor seeks to operate in a
447	449		local public park, require a mobile food vendor to obtain a special
448	450		permit from the local authority in addition to a mobile food vending
449	451		license or a permit to operate as a commercial vehicle;
450	452		(4) require a mobile food vendor to pay an additional
451	453		fee to the local authority to operate on private property or require
452	454		a private property owner to submit a zoning plan to the local
453	455		authority as a condition of allowing vending on the owner's
454	456		property;
455	457		(5) require a mobile food vendor to obtain licenses,
456	458		permits, or background or criminal history record checks for the
457	459		mobile food vendor's employees;
458	460		(6) require a mobile food vendor's food vending
459	461		vehicle to submit to a fire inspection if the vendor demonstrates
460	462		that the vehicle passed a state or local fire inspection in the
461	463		preceding 12 months;
462	464		(7) restrict the time a mobile food vendor may operate
463	465		on private property in zoning districts where food service
464	466		establishments operate;
465	467		(8) require a mobile food vendor to operate a specific
466	468		distance from a commercial establishment or restaurant;
467	469		(9) require a mobile food vendor to enter into any
468	470		agreement with a commercial establishment or restaurant;
469	471		(10) regulate the equipment requirements for a food
470	472		vending vehicle;
471	473		(11) restrict a mobile food vendor 's propane capacity
472	474		below the capacity state law allows for commercial vehicles;
473	475		(12) require a mobile food vendor to associate with a
474	476		commissary;
475	477		(13) require a mobile food vendor to provide the
476	478		vendor's fingerprints;
477	479		(14) require a mobile food vendor to install a global
478	480		positioning system tracking device on its vehicle;
479	481		(15) require a mobile food vendor to stay in constant
480	482		motion except when serving customers;
481	483		(16) require a mobile food vendor to maintain an
482	484		insurance policy that names the local authority as an additional
483	485		insured unless the mobile food vendor is attending an event
484	486		sponsored by the local authority or operating in a local public
485	487		park;
486	488		(17) require a mobile food vendor to obtain a bond that
487	489		names the local authority as a beneficiary unless the mobile food
488	490		vendor is attending an event sponsored by the local authority or
489	491		operating in a local public park; or
490	492		(18) require a mobile food vendor to submit to health
491	493		inspections other than those required by the department unless the
492	494		local authority is investigating a reported foodborne illness.
493	495		SUBCHAPTER F. INVESTIGATION; ENFORCEMENT
494	496		Sec. 437B.251. INVESTIGATION. (a) The department or a
495	497		local authority may investigate a mobile food vendor on reasonable
496	498		suspicion the mobile food vendor is violating the law or on receipt
497	499		of a health or safety complaint. The department must record a
498	500		complaint in the state's mobile food vending database. The local
499	501		authority shall report suspected violations of state law to the
500	502		department and may recommend the department suspend or revoke a
501	503		mobile food vending license.
502	504		(b) The mobile food vendor shall cooperate with the
503	505		department or local authority during an investigation. Failure to
504	506		cooperate with the department or local authority may result in
505	507		suspension or revocation of a license.
506	508		(c) This chapter may not be construed to impede the
507	509		department or local authority when conducting an investigation of a
508	510		reported foodborne illness.
509	511		Sec. 437B.252. LICENSE DENIAL, SUSPENSION, OR REVOCATION.
510	512		The department may deny, suspend, or revoke a license issued under
511	513		this chapter only if:
512	514		(1) the applicant or license holder:
513	515		(A) violates this chapter, a rule adopted under
514	516		this chapter, or an order of the department;
515	517		(B) obtains a license by means of fraud,
516	518		misrepresentation, or concealment of a material fact;
517	519		(C) commits fraud or makes a misrepresentation or
518	520		false statement in connection with the sale of food or beverages
519	521		while operating as a mobile food vendor;
520	522		(D) is cited three or more times during a
521	523		12-month period for a violation of this chapter or rules adopted
522	524		under this chapter; or
523	525		(E) receives a grade of "F" during a health
524	526		inspection or a complaint made against the license holder is
525	527		sustained; or
526	528		(2) the department determines that material facts or
527	529		conditions related to the applicant or application provide
528	530		reasonable justification for the denial, suspension, or revocation
529	531		of the license.
530	532		Sec. 437B.253. NOTICE AND HEARING. (a) The department
531	533		shall provide written notice to an applicant or license holder that
532	534		the applicant's mobile food vending application has been denied or
533	535		that the license may be suspended or revoked. Not later than 14
534	536		calendar days after the date an applicant or license holder
535	537		receives notice from the department of a denial, suspension, or
536	538		revocation of a license, the applicant or license holder may
537	539		request a hearing in the form and manner prescribed by the
538	540		department.
539	541		(b) The department shall hold a hearing not later than 14
540	542		calendar days after the date the department receives a request for a
541	543		hearing from a license holder under Subsection (a). Following a
542	544		hearing under this section, the department shall promptly issue an
543	545		order that includes findings of fact and conclusions of law.
544	546		(c) The department may not suspend or revoke a license until
545	547		the department issues an order under Subsection (b) unless the
546	548		department determines that the license holder's mobile food vendor
547	549		operations pose an imminent threat to the public's health and
548	550		safety.
549	551		(d) The department shall immediately provide notice to a
550	552		license holder of a suspension or revocation of a license based on
551	553		an imminent threat to the public's health and safety. Not later than
552	554		14 calendar days after the date a license holder receives notice
553	555		from the department of a license suspension or revocation under
554	556		Subsection (c), the license holder may request a hearing in the form
555	557		and manner prescribed by the department.
556	558		(e) The department shall hold a hearing not later than seven
557	559		calendar days after the date the department receives a license
558	560		holder's request for hearing under Subsection (d). The department
559	561		shall give priority to a hearing under this subsection over all
560	562		other license denial, suspension, or revocation proceedings.
561	563		Following a hearing, the department shall promptly issue an order
562	564		that includes findings of fact and conclusions of law.
563	565		Sec. 437B.254. RIGHT TO APPEAL. Except as otherwise
564	566		provided by this section, the suspension or revocation of a license
565	567		by the department and the appeal from that action are governed by
566	568		the procedures for a contested case hearing under Chapter 2001,
567	569		Government Code.
568	570		Sec. 437B.255. ADMINISTRATIVE PENALTY. A license holder who
569	571		continues to operate after the department suspends or revokes the
570	572		license holder's license is subject to an administrative penalty in
571	573		an amount to be determined by the department.
572	574		SECTION 2. The heading to Chapter 437, Health and Safety
573	575		Code, is amended to read as follows:
574	576		CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD
575	577		STORES, [MOBILE FOOD UNITS,] AND ROADSIDE FOOD VENDORS
576	578		SECTION 3. Section 437.001(4), Health and Safety Code, is
577	579		amended to read as follows:
578	580		(4) "Food," "food service establishment," "retail food
579	581		store," ["mobile food unit,"] "roadside food vendor," and
580	582		"temporary food service establishment" have the meanings assigned
581	583		to those terms by rules adopted under this chapter.
582	584		SECTION 4. Section 437.002, Health and Safety Code, is
583	585		amended to read as follows:
584	586		Sec. 437.002. ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC
585	587		HEALTH DISTRICT. (a) A county or public health district may enforce
586	588		state law and rules adopted under state law concerning food service
587	589		establishments, retail food stores, [mobile food units,] and
588	590		roadside food vendors.
589	591		(b) This chapter does not authorize a county or public
590	592		health district to adopt orders establishing standards for the
591	593		operation of food service establishments, retail food stores,
592	594		[mobile food units,] or roadside food vendors.
593	595		SECTION 5. Section 437.003, Health and Safety Code, is
594	596		amended to read as follows:
595	597		Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. To
596	598		enforce state law and rules adopted under state law, the
597	599		commissioners court of a county by order may require food service
598	600		establishments, retail food stores, [mobile food units,] and
599	601		roadside food vendors in unincorporated areas of the county,
600	602		including areas in the extraterritorial jurisdiction of a
601	603		municipality, to obtain a permit from the county.
602	604		SECTION 6. Sections 437.004(a) and (d), Health and Safety
603	605		Code, are amended to read as follows:
604	606		(a) A public health district that is established by at least
605	607		one county and one or more municipalities in the county by order may
606	608		require food service establishments, retail food stores, [mobile
607	609		food units,] and roadside food vendors in the district to obtain a
608	610		permit from the district.
609	611		(d) This chapter does not restrict the authority of a
610	612		municipality that is a member of a public health district to adopt
611	613		ordinances or administer a permit system concerning food service
612	614		establishments, retail food stores, [mobile food units,] and
613	615		roadside food vendors.
614	616		SECTION 7. Section 437.0055(a), Health and Safety Code, is
615	617		amended to read as follows:
616	618		(a) A person may not operate a food service establishment,
617	619		retail food store, [mobile food unit,] or temporary food service
618	620		establishment located in an area in which a county or public health
619	621		district does not require a permit or conduct inspections under
620	622		this chapter unless the person has a permit issued by the
621	623		department.
622	624		SECTION 8. Section 437.0057(a), Health and Safety Code, is
623	625		amended to read as follows:
624	626		(a) A county, a public health district, or the department
625	627		may require certification under Subchapter D, Chapter 438, for each
626	628		food handler who is employed by a food service establishment in
627	629		which food is prepared on-site for sale to the public and which
628	630		holds a permit issued by the county, the public health district, or
629	631		the department. This section does not apply [applies without
630	632		regard] to a mobile food vendor who is licensed under Chapter 437B
631	633		[whether the food service establishment is at a fixed location or is
632	634		a mobile food unit].
633	635		SECTION 9. Sections 437.0076(a) and (b), Health and Safety
634	636		Code, are amended to read as follows:
635	637		(a) A county or public health district may require each
636	638		fixed [or mobile] location retail establishment in which food is
637	639		prepared on-site for sale to the public that holds a permit issued
638	640		by the county or public health district to employ a food manager
639	641		certified under Subchapter G, Chapter 438.
640	642		(b) The executive commissioner may require each fixed [or
641	643		mobile] location retail establishment in which food is prepared
642	644		on-site for sale to the public that is required to be operated under
643	645		a permit under Section 437.0055 to employ a food manager certified
644	646		under Subchapter G, Chapter 438.
645	647		SECTION 10. Section 437.009, Health and Safety Code, is
646	648		amended to read as follows:
647	649		Sec. 437.009. INSPECTIONS. Authorized agents or employees
648	650		of the department, a county, or a public health district may enter
649	651		the premises of a food service establishment, retail food store,
650	652		[mobile food unit,] roadside food vendor, or temporary food service
651	653		establishment under the department's, county's, or district's
652	654		jurisdiction during normal operating hours to conduct inspections
653	655		to determine compliance with:
654	656		(1) state law, including a requirement to hold and
655	657		display written authorization under Section 437.021;
656	658		(2) rules adopted under state law; and
657	659		(3) orders adopted by the department, county, or
658	660		district.
659	661		SECTION 11. Section 437.0095, Health and Safety Code, is
660	662		amended to read as follows:
661	663		Sec. 437.0095. DETENTION. The commissioner or an authorized
662	664		agent may detain an article of food that is located on the premises
663	665		of a food service establishment, retail food store, [mobile food
664	666		unit,] roadside food vendor, or temporary food service
665	667		establishment and is adulterated or misbranded under Chapter 431.
666	668		SECTION 12. Section 437.012(f), Health and Safety Code, is
667	669		amended to read as follows:
668	670		(f) A county or public health district may, by rule or
669	671		order, adopt a variable scale to determine the fee charged for a
670	672		permit under this section. In adopting a rule or order under this
671	673		subsection, the county or public health district may consider:
672	674		(1) the size of the food service establishment, retail
673	675		food store, [mobile food unit,] or roadside food vendor;
674	676		(2) the number of people employed at the food service
675	677		establishment, retail food store, [mobile food unit,] or roadside
676	678		food vendor; and
677	679		(3) the gross sales of the food service establishment,
678	680		retail food store, [mobile food unit,] or roadside food vendor.
679	681		SECTION 13. Sections 437.014(a) and (c), Health and Safety
680	682		Code, are amended to read as follows:
681	683		(a) A county or public health district may refuse to issue a
682	684		permit or may suspend or revoke a permit if the county or district
683	685		finds that the food service establishment, retail food store,
684	686		[mobile food unit,] or roadside food vendor is not in compliance
685	687		with state law, rules adopted under state law, or orders adopted by
686	688		the county or district.
687	689		(c) A county or public health district that requires a
688	690		permit to operate a food service establishment, retail food store,
689	691		[mobile food unit,] or roadside food vendor shall adopt procedures
690	692		for denying, suspending, or revoking a permit that afford due
691	693		process to the applicant or permit holder.
692	694		SECTION 14. Section 437.0145, Health and Safety Code, is
693	695		amended to read as follows:
694	696		Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
695	697		The department shall suspend the license of a food service
696	698		establishment, retail food store, [mobile food unit,] roadside food
697	699		vendor, or temporary food service establishment or order the
698	700		immediate closing of the food service establishment, retail food
699	701		store, [mobile food unit,] roadside food vendor, or temporary food
700	702		service establishment if:
701	703		(1) the department finds the food service
702	704		establishment, retail food store, [mobile food unit,] roadside food
703	705		vendor, or temporary food service establishment is operating in
704	706		violation of the standards prescribed by this chapter; and
705	707		(2) the violation creates an immediate threat to the
706	708		health and safety of the public.
707	709		(b) An order suspending a license or closing a food service
708	710		establishment, retail food store, [mobile food unit,] roadside food
709	711		vendor, or temporary food service establishment under this section
710	712		is immediately effective on the date on which the license holder
711	713		receives written notice or a later date specified in the order.
712	714		(c) An order suspending a license or ordering an immediate
713	715		closing of a food service establishment, retail food store, [mobile
714	716		food unit,] roadside food vendor, or temporary food service
715	717		establishment is valid for 10 days after the effective date of the
716	718		order.
717	719		SECTION 15. Section 437.015, Health and Safety Code, is
718	720		amended to read as follows:
719	721		Sec. 437.015. INJUNCTION. A city attorney, county
720	722		attorney, or district attorney may sue in district court to enjoin a
721	723		food service establishment, retail food store, [mobile food unit,]
722	724		or roadside food vendor from operating without a permit if a permit
723	725		is required.
724	726		SECTION 16. Section 437.016(a), Health and Safety Code, is
725	727		amended to read as follows:
726	728		(a) A person commits an offense if the person operates a
727	729		food service establishment, retail food store, [mobile food unit,]
728	730		or roadside food vendor without a permit required by the county or
729	731		public health district in which the entity is operating.
730	732		SECTION 17. Section 437.0165(a), Health and Safety Code, is
731	733		amended to read as follows:
732	734		(a) A person commits an offense if the person operates a
733	735		food service establishment, retail food store, [mobile food unit,]
734	736		or temporary food service establishment without a permit that is
735	737		required by the department under Section 437.0055.
736	738		SECTION 18. Section 437.0185(e), Health and Safety Code, is
737	739		amended to read as follows:
738	740		(e) The justice of the peace for the justice precinct in
739	741		which the retail food store or food establishment is located or the
740	742		[mobile food establishment or] roadside food vendor is based shall
741	743		hold a hearing requested under Subsection (d).
742	744		SECTION 19. Section 437.021, Health and Safety Code, is
743	745		amended to read as follows:
744	746		Sec. 437.021. AUTHORITY TO OPERATE ON CERTAIN PROPERTY. A
745	747		person operating a [mobile food unit,] roadside food vendor[,] or
746	748		temporary food service establishment in a county with a population
747	749		of more than 3.3 million shall acquire written authorization from
748	750		the owner of the property on which the [unit,] vendor[,] or
749	751		establishment is operating. The written authorization must:
750	752		(1) be notarized;
751	753		(2) provide that the operator has the property owner's
752	754		permission to operate the [unit,] vendor[,] or establishment on the
753	755		property; and
754	756		(3) be prominently displayed in the [unit,] vendor[,]
755	757		or establishment in plain view of the public at all times.
756	758		SECTION 20. Section 121.0035, Health and Safety Code, is
757	759		amended to read as follows:
758	760		Sec. 121.0035. REGULATION OF [MOBILE FOOD UNITS AND]
759	761		ROADSIDE FOOD VENDORS IN CERTAIN POPULOUS AREAS. (a) In this
760	762		section, ["mobile food unit" and] "roadside food vendor" has [have]
761	763		the meaning [meanings] assigned under Section 437.001.
762	764		(b) A municipality with a population of 1.5 million or more
763	765		and a county with a population of 3.4 million or more shall enforce
764	766		state law and rules adopted under state law concerning [mobile food
765	767		units and] roadside food vendors in the same manner that the county
766	768		or municipality enforces other health and safety regulations
767	769		relating to food service.
768	770		SECTION 21. Section 37.01(2), Penal Code, is amended to
769	771		read as follows:
770	772		(2) "Governmental record" means:
771	773		(A) anything belonging to, received by, or kept
772	774		by government for information, including a court record;
773	775		(B) anything required by law to be kept by others
774	776		for information of government;
775	777		(C) a license, certificate, permit, seal, title,
776	778		letter of patent, or similar document issued by government, by
777	779		another state, or by the United States;
778	780		(D) a standard proof of motor vehicle liability
779	781		insurance form described by Section 601.081, Transportation Code, a
780	782		certificate of an insurance company described by Section 601.083 of
781	783		that code, a document purporting to be such a form or certificate
782	784		that is not issued by an insurer authorized to write motor vehicle
783	785		liability insurance in this state, an electronic submission in a
784	786		form described by Section 502.046(i), Transportation Code, or an
785	787		evidence of financial responsibility described by Section 601.053
786	788		of that code; or
787	789		(E) an official ballot or other election record[;
788	790		or
789	791		[(F) the written documentation a mobile food unit is
790	792		required to obtain under Section 437.0074, Health and Safety Code].
791	793		SECTION 22. Section 437A.002, Health and Safety Code, is
792	794		amended to read as follows:
793	795		Sec. 437A.002. APPLICABILITY. (a) This chapter applies
794	796		only to a county:
795	797		(1) with a population of more than 2.1 million; and
796	798		(2) in which is located partly or wholly:
797	799		(A) an airport operating under Subchapter (D,
798	800		Chapter 22, Transportation Code; and
799	801		(B) an airport owned by the principal
800	802		municipality in the county that does not offer commercial air
801	803		service.
802	804		(b) This chapter does not apply to a mobile food vendor
803	805		licensed under Chapter 437B. Health and Safety Code.
804	806		SECTION 23. Sections 437.0073 and 437.0074, Health and
805	807		Safety Code, are repealed.
806	808		SECTION 24. (a) Chapter 437B, Health and Safety Code, as
807	809		added by this Act, applies to an ordinance, rule, regulation,
808	810		policy, or procedure adopted before, on, or after the effective
809	811		date of this Act.
810	812		(b) Not later than May 1, 2026, the executive commissioner
811	813		of the Health and Human Services Commission shall adopt the rules
812	814		required by Chapter 437B, Health and Safety Code, as added by this
813	815		Act.
814	816		(c) A mobile food vendor is not required to hold a license
815	817		under Chapter 437B, Health and Safety Code, as added by this Act,
816	818		before July 1, 2026.
817	819		SECTION 25. (a) Except as provided by Subsection (b) of this
818	820		section, this Act takes effect July 1, 2026.
819	821		(b) Section 437B.006, Health and Safety Code, as added by
820	822		this Act, takes effect September 1, 2025.