By: Landgraf H.B. No. 2844
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of mobile food vendors; requiring an
occupational license; imposing fees; authorizing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Health & Safety Code, is
amended by adding Chapter 437B to read as follows:
CHAPTER 437B. MOBILE FOOD VENDORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 437B.001. This chapter may be cited as the Mobile Food
Vendor Regulatory Consistency Act.
Sec. 437B.002. PURPOSES. The purposes of this chapter are
to:
(1) foster opportunities for small businesses and
stimulate innovation;
(2) increase consumer access to desired local foods;
and
(3) simplify and standardize mobile food vending
regulations.
Sec. 437B.003. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who applies to the
department to receive a license to operate as a mobile food vendor.
(2) "Food vending vehicle" means any motorized vehicle
a mobile food vendor uses to sell food and beverages.
(3) "License holder" means a person who holds a mobile
food vending license issued under this chapter.
(4) "Local authority" means a municipality, county,
public health authority, special purpose district or authority, or
any other political subdivision of this state.
(5) "Mobile food vendor" means any person who
dispenses food or beverages from a food vending vehicle for
immediate service or consumption.
(6) "Prepackaged food" means any commercially labeled
and processed food that is prepackaged to prevent direct human
contact with the food product on distribution from the
manufacturer, food facility, or other approved source.
(7) "Public property" means real property owned by a
governmental entity and includes all rights-of-way other than
public sidewalks and rights-of-way in public parks.
Sec. 437B.004. CONSTRUCTION. This chapter may not be
construed to require a local authority to enter into a
collaborative agreement with the department to conduct health
inspections, adopt a program regulating mobile food vendors, or
modify a local authority's existing program regulating mobile food
vendors, provided the local authority's regulations do not conflict
with this chapter.
Sec. 437B.005. PREEMPTION. This chapter preempts a local
authority's power to prohibit or regulate mobile food vending in a
manner that conflicts with this chapter.
Sec. 437B.006. RULES. The executive commissioner may adopt
rules to implement this chapter. The rules must be narrowly
tailored to address a demonstrable health or safety risk and may
not:
(1) limit the number of mobile food vending licenses
the department may issue;
(2) address the hours of operation for mobile food
vendors;
(3) restrict a mobile food vendor's propane capacity
below the capacity state law allows for commercial vehicles; or
(4) require a mobile food vendor to:
(A) operate a specific distance from the
perimeter of a commercial establishment or restaurant;
(B) obtain a license or permit for or perform a
background or criminal history record check on the mobile food
vendor's employees;
(C) enter into any agreement with a commercial
establishment or restaurant in order to operate;
(D) have a handwashing sink in the vehicle of a
mobile food vendor who sells only prepackaged food;
(E) associate with a commissary if the mobile
food vendor's food vending vehicle carries the equipment necessary
to comply with state law;
(F) obtain any additional permits from a local
authority, unless the mobile food vendor seeks to operate in a
public park governed by the local authority;
(G) provide the vendor's fingerprints as a
condition of holding a mobile food vending license;
(H) install a global positioning system tracking
device on the mobile food vendor's food vending vehicle;
(I) keep the mobile food vendor's food vending
vehicle in constant motion except when serving customers;
(J) maintain insurance that names a local
authority as an additional insured unless the mobile food vendor is
attending an event sponsored by the local authority or operating in
a local public park;
(K) obtain a bond that names a local authority as
a beneficiary unless the mobile food vendor is attending an event
sponsored by the local authority or operating in a local public
park;
(L) submit the vendor's food vending vehicle to
an additional fire inspection if the vendor demonstrates that the
vehicle passed a state or local fire inspection within the
preceding 12 months; or
(M) submit to health inspections other than an
inspection conducted by the department or a local authority under a
collaborative agreement unless the department is investigating a
reported foodborne illness.
SUBCHAPTER B. LICENSE
Sec. 437B.051. LICENSE REQUIRED. (a) A person may not
operate as a mobile food vendor in this state without obtaining a
mobile food vending license from the department. A separate mobile
food vending license is required for each food vending vehicle
operated by a mobile food vendor.
(b) A local authority may not prohibit from operating in its
jurisdiction a mobile food vendor that holds a mobile food vending
license and complies with all other state and local laws not in
conflict with this chapter.
Sec. 437B.052. FORM OF APPLICATION. The department shall
prescribe a written application for a mobile food vending license.
The department shall make the mobile food vending license
application available to applicants in person and on the
department's Internet website.
Sec. 437B.053. APPLICATION REQUIREMENTS. (a) An applicant
for a license under this subchapter must submit an application to
the department on the form prescribed by the department. The
application must contain:
(1) the applicant's name, address, and telephone
number;
(2) the name, address, and telephone number of any
associated entity or organization the applicant is representing and
copies of documents verifying that relationship;
(3) the applicant's primary residences and business
addresses during the 12 months preceding the date of the
application;
(4) the nature of the food or beverages the applicant
will sell for the purpose of the department establishing the
applicant's food type classification;
(5) a statement of whether the applicant has
previously been denied a mobile food vending license or has had a
mobile food vending license suspended or revoked in another state
or local jurisdiction and the reasons for any denial, suspension,
or revocation; and
(6) for each food vending vehicle the applicant is
applying for a license to operate:
(A) the vehicle license number, description,
identification number, and registration;
(B) proof of vehicle insurance; and
(C) a copy or proof of any additional licenses or
permits required by this state for commercial vehicles.
(b) An applicant must attest under oath the information
submitted under Subsection (a).
(c) The department may require an applicant to submit
additional information.
(d) An applicant may submit one application for all food
vending vehicles that require a license under this subchapter.
(e) An applicant's failure to submit a complete application
may result in denial of a license.
(f) A person may not intentionally provide false
information or intentionally omit requested information on an
application for a license.
Sec. 437B.054. HEALTH INSPECTION. (a) Not later than the
14th day after the date the department receives a complete license
application, the department or a governmental entity acting under a
collaborative agreement as provided by Subchapter D, shall conduct
a health inspection of each of the applicant's food vending
vehicles listed on the application. The department may not issue a
mobile food vending license to an applicant whose food vending
vehicle does not pass a health inspection.
(b) The department shall ensure that:
(1) an applicant's food vending vehicle is safe for
preparing, handling, and selling food; and
(2) an applicant is in compliance with all applicable
laws and the rules adopted under those laws.
Sec. 437B.055. ISSUANCE OF LICENSE. (a) The department
shall issue a mobile food vending license to an applicant who
submits a complete application, pays any required fee, meets the
department's licensing requirements, and whose food vending
vehicle passes a health inspection.
(b) A license issued under this section expires on the first
anniversary of the date it was issued.
Sec. 437B.056. LICENSE RENEWAL. (a) Before expiration of a
license, the department shall send notice of the expiration to the
mobile food vendor. The mobile food vendor shall submit a renewal
application before the date the license expires.
(b) A mobile food vendor may continue to operate while the
mobile food vendor's application for renewal is pending with the
department.
Sec. 437B.057. LICENSE NOT TRANSFERABLE; SUBSTITUTION OF
VEHICLE. (a) A license issued under this subchapter is not
transferable and does not authorize the activities of any person
other than the person who holds the license.
(b) The sale of one food vending vehicle identified in a
license application, when replaced by another food vending vehicle,
does not invalidate the original license or require a new license.
A license holder who replaces a food vending vehicle with another
vehicle must provide to the department for the food vending vehicle
the information required by Section 437B.053 and have the vehicle
inspected as required by Section 437B.054. The health inspection
shall be conducted as soon as practicable but not later than the
14th calendar day after the date the department receives the
information required under this section.
(c) The recipient of transferred mobile food vending
business assets must apply for and obtain a new mobile food vending
license before operating as a mobile food vendor.
Sec. 437B.058. FEES. (a) The department may charge a fee
for each license application submitted and each license issued or
renewed under this chapter. The department may establish a schedule
of fees based on the license classifications described by Section
437B.151. The department shall set the fees in amounts that are
reasonable in relation to the costs of administering this section
but not more than $150.
(b) The department may charge a fee for a health inspection
of an applicant's food vending vehicle required under Section
437B.054. The department shall set the fee in an amount that covers
the cost of conducting a health inspection under that section.
(c) At the time the department issues or renews a mobile
food vending license, the department shall charge a fee for a health
inspection required under Subchapter D. The department shall set
the fee in an amount that is based on the average cost of conducting
a health inspection multiplied by the number of annual health
inspections required during the next year for the mobile food
vendor classification type as described by Section 437B.151.
Sec. 437B.059. APPLICATION GUIDE. (a) The department
shall develop a guide on the mobile food vending licensing
procedures. The guide must include:
(1) instructions for obtaining, maintaining, and
renewing a mobile food vending license; and
(2) a description of the department's standards for
inspecting a food vending vehicle.
(b) The department shall make the guide available at the
department's office and on the department's Internet website.
Sec. 437B.060. DEPARTMENT DATABASE. (a) The department
shall establish and maintain a statewide database for use by the
department and local authorities that includes the:
(1) names of mobile food vendors who hold licenses
under this chapter;
(2) results of health inspections of mobile food
vendors' food vending vehicles, including inspection reports;
(3) public complaints made against mobile food
vendors; and
(4) itineraries of mobile food vendors submitted under
Subsection (b).
(b) A mobile food vendor may periodically submit to the
department an itinerary of the locations of the mobile food
vendor's food vending vehicles.
SUBCHAPTER C. MOBILE FOOD VENDING OPERATIONS
Sec. 437B.101. COMPLIANCE WITH STATE AND LOCAL LAW. A
mobile food vendor shall comply with all state and local laws in the
jurisdiction in which the mobile food vendor operates, including
all fire codes and zoning codes, that do not conflict with this
chapter.
Sec. 437B.102. LOCATION OF OPERATION. (a) A mobile food
vendor may operate on public property if the food vending vehicle is
parked at least 20 feet away from a street intersection. A mobile
food vendor may operate on any legal parking space, including a
metered space located on a public right-of-way, if the mobile food
vendor pays the required fees for parking in the space. When
operating on public property, a mobile food vendor is subject to the
same parking rules and restrictions as a commercial vehicle.
(b) A mobile food vendor may operate on private property if
the property is:
(1) located in an area in which food service
establishments may operate and the mobile food vendor has
permission from the property owner or the property owner's designee
to operate on the property; or
(2) located in a residential area and the mobile food
vendor is invited by a resident to operate on the resident's
property for the purpose of serving food to the resident or the
resident's guests.
(c) A mobile food vendor may not obstruct the passage of
pedestrians or vehicles along any street, sidewalk, or parkway.
Sec. 437B.103. FOOD VENDING VEHICLE DRIVER REQUIREMENTS. A
person who drives a food vending vehicle must hold a current
commercial driver's license issued under Chapter 522,
Transportation Code.
Sec. 437B.104. OPERATIONAL STANDARDS. (a) A mobile food
vendor shall:
(1) maintain in good operating order each food vending
vehicle the mobile food vendor uses;
(2) when operating on public property, position a food
vending vehicle in such a manner as to face the service window
toward the sidewalk or away from the street;
(3) provide a waste receptacle for customers that is
clearly marked and request customers use the waste receptacle;
(4) collect, remove, and dispose of all refuse within
25 feet of the mobile food vendor's operating area at the conclusion
of service;
(5) submit to and pass any required health inspection
conducted under Subchapter D; and
(6) display the mobile food vendor's mobile food
vending license and health inspection certificate in a conspicuous
location for public view.
(b) A mobile food vendor operating at a temporary mass
gathering that occurs over multiple days may operate in a
stationary manner for the duration of the temporary mass gathering,
not to exceed three consecutive days, without moving or changing
location, if the mobile food vendor maintains sanitary conditions.
Sec. 437B.105. FOOD SAFETY. (a) A mobile food vendor shall
comply with all laws and rules regarding food safety.
(b) At least one person working in a food vending vehicle
must hold a current food safety certification from a food service
program accredited as provided by Subchapter D, Chapter 438.
SUBCHAPTER D. HEALTH INSPECTIONS
Sec. 437B.151. MOBILE FOOD VENDOR CLASSIFICATIONS. (a)
The executive commissioner by rule shall establish classifications
of mobile food vendors for purposes of conducting health
inspections as follows:
(1) mobile food type I vendor for a mobile food vendor
who dispenses prepackaged foods, does not dispense time or
temperature control for safety beverages, or poses a low risk of
harm to the public;
(2) mobile food type II vendor for a mobile food vendor
who dispenses food that requires limited handling and preparation;
and
(3) mobile food type III vendor for a mobile food
vendor who prepares, cooks, holds, and serves food from a food
vending vehicle.
(b) The rules adopted under Subsection (a) shall specify the
categories of foods or beverages that mobile food vendors in each
classification may serve.
Sec. 437B.152. CHANGING CLASSIFICATIONS. A mobile food
vendor who seeks to serve food or beverages that may require the
vendor's reclassification shall notify the department of the nature
of the food or beverages to be sold. The department, or a local
authority in a collaborative agreement with the department under
Section 437B.153, may conduct a health inspection and reclassify
the mobile food vendor in accordance with the rules adopted under
Section 437B.151.
Sec. 437B.153. INSPECTIONS; COLLABORATIVE AGREEMENT WITH
LOCAL AUTHORITY. (a) To protect public health and safety, the
department shall ensure that a mobile food vendor is inspected on an
ongoing, randomized basis based on the mobile food vendor's
classification and health inspection grade.
(b) On request by a local authority, the department may
enter into a collaborative agreement with the local authority for
conducting health inspections. The department shall reimburse the
local authority acting under a collaborative agreement for the cost
of conducting a health inspection using money collected for health
inspection fees under Section 437B.058(c).
Sec. 437B.154. INSPECTION CRITERIA AND GRADING. (a) The
executive commissioner by rule shall establish statewide objective
criteria and a score-based grading system to be used by the
department or a local authority acting under a collaborative
agreement for conducting health inspections of mobile food vendors.
(b) The health inspection criteria established under
Subsection (a) shall provide a letter-grade format for rating a
mobile food vendor. The format shall rate a mobile food vendor with
a grade of "A," "B," "C," or "F" based on the score received during a
health inspection.
(c) The department shall provide a certificate of
excellence to a mobile food vendor who receives two consecutive
grades of "A." The department shall suspend the license of a mobile
food vendor who receives a grade of "F" until the vendor:
(1) corrects all violations discovered during the
health inspection; and
(2) is reinspected by the department or local
authority and receives a grade of "A," "B," or "C" for the health
inspection.
Sec. 437B.155. INSPECTION CERTIFICATE. (a) On completion
of a health inspection of a mobile food vendor, the department, or
local authority operating under a collaborative agreement, shall
issue a certificate to the mobile food vendor displaying the
vendor's letter grade and any applicable achievement of excellence
and record the grade in the department's database.
(b) A mobile food vendor shall display the certificate
received under Subsection (a) in a conspicuous location within view
of customers on the vendor's food vending vehicle.
Sec. 437B.156. FREQUENCY OF INSPECTIONS. The department,
or local authority operating under a collaborative agreement, shall
conduct randomized health inspections of mobile food vendors based
on the mobile food vendor's classification as follows:
(1) a mobile food type I vendor may be inspected only
when the department or a local authority receives a public health or
safety complaint regarding the mobile food vendor unless a health
inspection reveals a violation, then the mobile food vendor is
subject to health inspections at the frequency set for a mobile food
type II vendor until the vendor obtains a certificate of
excellence;
(2) a mobile food type II vendor shall be inspected
once each calendar year unless:
(A) on a health inspection the mobile food vendor
receives a certificate of excellence, then the mobile food vendor
shall subsequently be inspected at the frequency set for a mobile
food type I vendor; and
(B) the mobile food vendor holds a certificate of
excellence and receives a score lower than an "A" on a health
inspection, then the certificate of excellence is voided and the
mobile food vendor shall subsequently be inspected once each
calendar year; and
(3) a mobile food type III vendor shall be inspected
twice each calendar year unless:
(A) on a health inspection the mobile food vendor
receives a certificate of excellence, then the mobile food vendor
shall be inspected at the frequency set for mobile food type II
vendors; and
(B) the mobile food vendor holds a certificate of
excellence and receives a score lower than an "A" on a health
inspection, then the certificate of excellence is voided and the
mobile food vendor shall subsequently be inspected three times each
calendar year.
Sec. 437B.157. NOTICE OF LOCATION FOR INSPECTIONS. A
mobile food vendor shall make available to the department a list of
all locations at which the mobile food vendor operates. A mobile
food vendor may provide the list of locations through the mobile
food vendor's social media or on the mobile food vendor's Internet
website. If the mobile food vendor does not provide the list of
operating locations on social media or the mobile food vendor's
Internet website, the mobile food vendor shall submit to the
department in the form and manner prescribed by the department a
list of the locations at which the mobile food vendor operates.
Sec. 437B.158. REIMBURSEMENT OF INSPECTION FEE. On request
of a mobile food vendor, the department shall reimburse the mobile
food vendor the portion of the fee charged for each health
inspection required under this subchapter that was not conducted by
the department or local authority under a collaborative agreement
during the time the mobile food vendor's license was valid. The
department shall reimburse the mobile food vendor not later than
the 30th day after the date the department receives the mobile food
vendor's request.
SUBCHAPTER E. REGULATION BY LOCAL AUTHORITY
Sec. 437B.201. REGULATION BY LOCAL AUTHORITY. (a) A local
authority may regulate a license holder in accordance with this
subchapter. A local authority may:
(1) restrict the mobile food vendor from using a
noisemaking device that produces sound of more than 75 decibels
measured 23 feet from the device during specific times of day;
(2) restrict a mobile food vendor from operating in a
public park or require a special permit and payment of fees to
operate in a public park;
(3) prohibit a mobile food vendor from restricting or
blocking ingress to or egress from private property;
(4) develop a mobile food vendor metered parking pass
for a fee that authorizes a mobile food vendor to operate from
metered parking spaces for longer than otherwise allowed for
vehicles parking in the spaces;
(5) investigate reports of foodborne illnesses;
(6) report a mobile food vendor's suspected violation
of this chapter to the department and recommend the department
suspend or revoke the vendor's mobile food vending license; and
(7) cite mobile food vendors and issue penalties for
violations of local law not in conflict with this chapter.
(b) A local authority may not:
(1) prohibit or restrict a mobile food vendor from
operating in a lawful manner;
(2) address the hours of operation for a mobile food
vendor;
(3) unless the mobile food vendor seeks to operate in a
local public park, require a mobile food vendor to obtain a special
permit from the local authority in addition to a mobile food vending
license or a permit to operate as a commercial vehicle;
(4) require a mobile food vendor to pay an additional
fee to the local authority to operate on private property or require
a private property owner to submit a zoning plan to the local
authority as a condition of allowing vending on the owner's
property;
(5) require a mobile food vendor to obtain licenses,
permits, or background or criminal history record checks for the
mobile food vendor's employees;
(6) require a mobile food vendor's food vending
vehicle to submit to a fire inspection if the vendor demonstrates
that the vehicle passed a state or local fire inspection in the
preceding 12 months;
(7) restrict the time a mobile food vendor may operate
on private property in zoning districts where food service
establishments operate;
(8) require a mobile food vendor to operate a specific
distance from a commercial establishment or restaurant;
(9) require a mobile food vendor to enter into any
agreement with a commercial establishment or restaurant;
(10) regulate the equipment requirements for a food
vending vehicle;
(11) restrict a mobile food vendor's propane capacity
below the capacity state law allows for commercial vehicles;
(12) require a mobile food vendor to associate with a
commissary;
(13) require a mobile food vendor to provide the
vendor's fingerprints;
(14) require a mobile food vendor to install a global
positioning system tracking device on its vehicle;
(15) require a mobile food vendor to stay in constant
motion except when serving customers;
(16) require a mobile food vendor to maintain an
insurance policy that names the local authority as an additional
insured unless the mobile food vendor is attending an event
sponsored by the local authority or operating in a local public
park;
(17) require a mobile food vendor to obtain a bond that
names the local authority as a beneficiary unless the mobile food
vendor is attending an event sponsored by the local authority or
operating in a local public park; or
(18) require a mobile food vendor to submit to health
inspections other than those required by the department unless the
local authority is investigating a reported foodborne illness.
SUBCHAPTER F. INVESTIGATION; ENFORCEMENT
Sec. 437B.251. INVESTIGATION. (a) The department or a
local authority may investigate a mobile food vendor on reasonable
suspicion the mobile food vendor is violating the law or on receipt
of a health or safety complaint. The department must record a
complaint in the state's mobile food vending database. The local
authority shall report suspected violations of state law to the
department and may recommend the department suspend or revoke a
mobile food vending license.
(b) The mobile food vendor shall cooperate with the
department or local authority during an investigation. Failure to
cooperate with the department or local authority may result in
suspension or revocation of a license.
(c) This chapter may not be construed to impede the
department or local authority when conducting an investigation of a
reported foodborne illness.
Sec. 437B.252. LICENSE DENIAL, SUSPENSION, OR REVOCATION.
The department may deny, suspend, or revoke a license issued under
this chapter only if:
(1) the applicant or license holder:
(A) violates this chapter, a rule adopted under
this chapter, or an order of the department;
(B) obtains a license by means of fraud,
misrepresentation, or concealment of a material fact;
(C) commits fraud or makes a misrepresentation or
false statement in connection with the sale of food or beverages
while operating as a mobile food vendor;
(D) is cited three or more times during a
12-month period for a violation of this chapter or rules adopted
under this chapter; or
(E) receives a grade of "F" during a health
inspection or a complaint made against the license holder is
sustained; or
(2) the department determines that material facts or
conditions related to the applicant or application provide
reasonable justification for the denial, suspension, or revocation
of the license.
Sec. 437B.253. NOTICE AND HEARING. (a) The department
shall provide written notice to an applicant or license holder that
the applicant's mobile food vending application has been denied or
that the license may be suspended or revoked. Not later than 14
calendar days after the date an applicant or license holder
receives notice from the department of a denial, suspension, or
revocation of a license, the applicant or license holder may
request a hearing in the form and manner prescribed by the
department.
(b) The department shall hold a hearing not later than 14
calendar days after the date the department receives a request for a
hearing from a license holder under Subsection (a). Following a
hearing under this section, the department shall promptly issue an
order that includes findings of fact and conclusions of law.
(c) The department may not suspend or revoke a license until
the department issues an order under Subsection (b) unless the
department determines that the license holder's mobile food vendor
operations pose an imminent threat to the public's health and
safety.
(d) The department shall immediately provide notice to a
license holder of a suspension or revocation of a license based on
an imminent threat to the public's health and safety. Not later
than 14 calendar days after the date a license holder receives
notice from the department of a license suspension or revocation
under Subsection (c), the license holder may request a hearing in
the form and manner prescribed by the department.
(e) The department shall hold a hearing not later than seven
calendar days after the date the department receives a license
holder's request for hearing under Subsection (d). The department
shall give priority to a hearing under this subsection over all
other license denial, suspension, or revocation proceedings.
Following a hearing, the department shall promptly issue an order
that includes findings of fact and conclusions of law.
Sec. 437B.254. RIGHT TO APPEAL. Except as otherwise
provided by this section, the suspension or revocation of a license
by the department and the appeal from that action are governed by
the procedures for a contested case hearing under Chapter 2001,
Government Code.
Sec. 437B.255. ADMINISTRATIVE PENALTY. A license holder
who continues to operate after the department suspends or revokes
the license holder's license is subject to an administrative
penalty in an amount to be determined by the department.
SECTION 2. The heading to Chapter 437, Health and Safety
Code, is amended to read as follows:
CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL
FOOD STORES, [MOBILE FOOD UNITS,] AND ROADSIDE FOOD VENDORS
SECTION 3. Section 437.001(4), Health and Safety Code, is
amended to read as follows:
(4) "Food," "food service establishment," "retail food
store," ["mobile food unit,"] "roadside food vendor," and
"temporary food service establishment" have the meanings assigned
to those terms by rules adopted under this chapter.
SECTION 4. Section 437.002, Health and Safety Code, is
amended to read as follows:
Sec. 437.002. ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC
HEALTH DISTRICT. (a) A county or public health district may
enforce state law and rules adopted under state law concerning food
service establishments, retail food stores, [mobile food units,]
and roadside food vendors.
(b) This chapter does not authorize a county or public
health district to adopt orders establishing standards for the
operation of food service establishments, retail food stores,
[mobile food units,] or roadside food vendors.
SECTION 5. Section 437.003, Health and Safety Code, is
amended to read as follows:
Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. To
enforce state law and rules adopted under state law, the
commissioners court of a county by order may require food service
establishments, retail food stores, [mobile food units,] and
roadside food vendors in unincorporated areas of the county,
including areas in the extraterritorial jurisdiction of a
municipality, to obtain a permit from the county.
SECTION 6. Sections 437.004(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) A public health district that is established by at least
one county and one or more municipalities in the county by order may
require food service establishments, retail food stores, [mobile
food units,] and roadside food vendors in the district to obtain a
permit from the district.
(d) This chapter does not restrict the authority of a
municipality that is a member of a public health district to adopt
ordinances or administer a permit system concerning food service
establishments, retail food stores, [mobile food units,] and
roadside food vendors.
SECTION 7. Section 437.0055(a), Health and Safety Code, is
amended to read as follows:
(a) A person may not operate a food service establishment,
retail food store, [mobile food unit,] or temporary food service
establishment located in an area in which a county or public health
district does not require a permit or conduct inspections under
this chapter unless the person has a permit issued by the
department.
SECTION 8. Section 437.0057(a), Health and Safety Code, is
amended to read as follows:
(a) A county, a public health district, or the department
may require certification under Subchapter D, Chapter 438, for each
food handler who is employed by a food service establishment in
which food is prepared on-site for sale to the public and which
holds a permit issued by the county, the public health district, or
the department. This section does not apply [applies without
regard] to a mobile food vendor who is licensed under Chapter 437B
[whether the food service establishment is at a fixed location or is
a mobile food unit].
SECTION 9. Sections 437.0076(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A county or public health district may require each
fixed [or mobile] location retail establishment in which food is
prepared on-site for sale to the public that holds a permit issued
by the county or public health district to employ a food manager
certified under Subchapter G, Chapter 438.
(b) The executive commissioner may require each fixed [or
mobile] location retail establishment in which food is prepared
on-site for sale to the public that is required to be operated under
a permit under Section 437.0055 to employ a food manager certified
under Subchapter G, Chapter 438.
SECTION 10. Section 437.009, Health and Safety Code, is
amended to read as follows:
Sec. 437.009. INSPECTIONS. 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.
SECTION 11. Section 437.0095, Health and Safety Code, is
amended to read as follows:
Sec. 437.0095. DETENTION. The commissioner or an
authorized agent may detain an article of food that is located on
the premises of a food service establishment, retail food store,
[mobile food unit,] roadside food vendor, or temporary food service
establishment and is adulterated or misbranded under Chapter 431.
SECTION 12. Section 437.012(f), Health and Safety Code, is
amended to read as follows:
(f) A county or public health district may, by rule or
order, adopt a variable scale to determine the fee charged for a
permit under this section. In adopting a rule or order under this
subsection, the county or public health district may consider:
(1) the size of the food service establishment, retail
food store, [mobile food unit,] or roadside food vendor;
(2) the number of people employed at the food service
establishment, retail food store, [mobile food unit,] or roadside
food vendor; and
(3) the gross sales of the food service establishment,
retail food store, [mobile food unit,] or roadside food vendor.
SECTION 13. Sections 437.014(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A county or public health district may refuse to issue a
permit or may suspend or revoke a permit if the county or district
finds that the food service establishment, retail food store,
[mobile food unit,] or roadside food vendor is not in compliance
with state law, rules adopted under state law, or orders adopted by
the county or district.
(c) A county or public health district that requires a
permit to operate a food service establishment, retail food store,
[mobile food unit,] or roadside food vendor shall adopt procedures
for denying, suspending, or revoking a permit that afford due
process to the applicant or permit holder.
SECTION 14. Section 437.0145, Health and Safety Code, is
amended to read as follows:
Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)
The department shall suspend the license of a food service
establishment, retail food store, [mobile food unit,] roadside food
vendor, or temporary food service establishment or order the
immediate closing of the food service establishment, retail food
store, [mobile food unit,] roadside food vendor, or temporary food
service establishment if:
(1) the department finds the food service
establishment, retail food store, [mobile food unit,] roadside food
vendor, or temporary food service establishment is operating in
violation of the standards prescribed by this chapter; and
(2) the violation creates an immediate threat to the
health and safety of the public.
(b) An order suspending a license or closing a food service
establishment, retail food store, [mobile food unit,] roadside food
vendor, or temporary food service establishment under this section
is immediately effective on the date on which the license holder
receives written notice or a later date specified in the order.
(c) An order suspending a license or ordering an immediate
closing of a food service establishment, retail food store, [mobile
food unit,] roadside food vendor, or temporary food service
establishment is valid for 10 days after the effective date of the
order.
SECTION 15. Section 437.015, Health and Safety Code, is
amended to read as follows:
Sec. 437.015. INJUNCTION. A city attorney, county
attorney, or district attorney may sue in district court to enjoin a
food service establishment, retail food store, [mobile food unit,]
or roadside food vendor from operating without a permit if a permit
is required.
SECTION 16. Section 437.016(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person operates a
food service establishment, retail food store, [mobile food unit,]
or roadside food vendor without a permit required by the county or
public health district in which the entity is operating.
SECTION 17. Section 437.0165(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person operates a
food service establishment, retail food store, [mobile food unit,]
or temporary food service establishment without a permit that is
required by the department under Section 437.0055.
SECTION 18. Section 437.0185(e), Health and Safety Code, is
amended to read as follows:
(e) The justice of the peace for the justice precinct in
which the retail food store or food establishment is located or the
[mobile food establishment or] roadside food vendor is based shall
hold a hearing requested under Subsection (d).
SECTION 19. Section 437.021, Health and Safety Code, is
amended to read as follows:
Sec. 437.021. AUTHORITY TO OPERATE ON CERTAIN PROPERTY. A
person operating a [mobile food unit,] roadside food vendor[,] or
temporary food service establishment in a county with a population
of more than 3.3 million shall acquire written authorization from
the owner of the property on which the [unit,] vendor[,] or
establishment is operating. The written authorization must:
(1) be notarized;
(2) provide that the operator has the property owner's
permission to operate the [unit,] vendor[,] or establishment on the
property; and
(3) be prominently displayed in the [unit,] vendor[,]
or establishment in plain view of the public at all times.
SECTION 20. Section 121.0035, Health and Safety Code, is
amended to read as follows:
Sec. 121.0035. REGULATION OF [MOBILE FOOD UNITS AND]
ROADSIDE FOOD VENDORS IN CERTAIN POPULOUS AREAS. (a) In this
section, ["mobile food unit" and] "roadside food vendor" has [have]
the meaning [meanings] assigned under Section 437.001.
(b) A municipality with a population of 1.5 million or more
and a county with a population of 3.4 million or more shall enforce
state law and rules adopted under state law concerning [mobile food
units and] roadside food vendors in the same manner that the county
or municipality enforces other health and safety regulations
relating to food service.
SECTION 21. Section 37.01(2), Penal Code, is amended to
read as follows:
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept
by government for information, including a court record;
(B) anything required by law to be kept by others
for information of government;
(C) a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by
another state, or by the United States;
(D) a standard proof of motor vehicle liability
insurance form described by Section 601.081, Transportation Code, a
certificate of an insurance company described by Section 601.083 of
that code, a document purporting to be such a form or certificate
that is not issued by an insurer authorized to write motor vehicle
liability insurance in this state, an electronic submission in a
form described by Section 502.046(i), Transportation Code, or an
evidence of financial responsibility described by Section 601.053
of that code; or
(E) an official ballot or other election record[;
or
[(F) the written documentation a mobile food unit
is required to obtain under Section 437.0074, Health and Safety
Code].
SECTION 22. Section 437A.002, Health and Safety Code, is
amended to read as follows:
Sec. 437A.002. APPLICABILITY. (a) This chapter applies
only to a county:
(1) with a population of more than 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.
(b) This chapter does not apply to a mobile food vendor
licensed under Chapter 437B. Health and Safety Code.
SECTION 23. Sections 437.0073 and 437.0074, Health and
Safety Code, are repealed.
SECTION 24. (a) Chapter 437B, Health and Safety Code, as
added by this Act, applies to an ordinance, rule, regulation,
policy, or procedure adopted before, on, or after the effective
date of this Act.
(b) Not later than May 1, 2026, the executive commissioner
of the Health and Human Services Commission shall adopt the rules
required by Chapter 437B, Health and Safety Code, as added by this
Act.
(c) A mobile food vendor is not required to hold a license
under Chapter 437B, Health and Safety Code, as added by this Act,
before July 1, 2026.
SECTION 25. (a) Except as provided by Subsection (b) of
this section, this Act takes effect July 1, 2026.
(b) Section 437B.006, Health and Safety Code, as added by
this Act, takes effect September 1, 2025.