89R3233 SRA-F
By: Middleton S.B. No. 1008
A BILL TO BE ENTITLED
AN ACT
relating to state and local authority to regulate the food service
industry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102A, Civil Practice and Remedies Code,
is amended by adding Section 102A.0015 to read as follows:
Sec. 102A.0015. APPLICABILITY. In this chapter, a
reference to a municipality or county includes a public health
district created by one or more municipalities or counties.
SECTION 2. Section 102A.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any
person who has sustained an injury in fact, actual or threatened,
from a municipal or county ordinance, order, or rule adopted or
enforced by a municipality or county in violation of any of the
following provisions or a trade association representing the person
has standing to bring and may bring an action against the
municipality or county:
(1) Section 1.004, Agriculture Code;
(2) Section 1.109, Business & Commerce Code;
(3) Section 1.004, Finance Code;
(3-a) Chapter 437, 437A, or 438, Health and Safety
Code;
(4) Section 30.005, Insurance Code;
(5) Section 1.005, Labor Code;
(6) Section 229.901, Local Government Code;
(7) Section 1.003, Natural Resources Code;
(8) Section 1.004, Occupations Code; or
(9) Section 1.004, Property Code.
SECTION 3. Section 437.003, Health and Safety Code, is
amended to read as follows:
Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. Subject
to Section 437.0045, to [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 4. Section 437.004(a), Health and Safety Code, is
amended to read as follows:
(a) Subject to Section 437.0045, 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.
SECTION 5. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0045 to read as follows:
Sec. 437.0045. LOCAL PERMIT REQUIREMENT LIMITATION.
Notwithstanding any other law, a county, municipality, or public
health district, including an authorized agent, employee, or
department, may only require a permit, license, certification, or
other form of authority if the permit, license, certification, or
other form of authority would be required of the food service
establishment, retail food store, mobile food unit, roadside food
vendor, or temporary food service establishment or an employee of
any of those entities if the entity or person was located within the
department's jurisdiction.
SECTION 6. Section 437.0091, Health and Safety Code, is
amended to read as follows:
Sec. 437.0091. LOCAL [MUNICIPAL] ORDINANCE AND FEE SCHEDULE
REGISTRY. The department shall establish and maintain on the
department's Internet website a registry for municipal ordinances
submitted under Section 437.009(b) and fee schedules submitted
under Section 437.0124(b). The department shall [and] post in the
registry each submitted ordinance or fee schedule not later than
the 10th day after the date the department receives the ordinance or
fee schedule.
SECTION 7. Section 437.01235, Health and Safety Code, is
amended to read as follows:
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
PERMIT OR LICENSE. Notwithstanding any other law, a [A] county, [or
a] municipality, or public health district, including an authorized
agent, employee, or department, [with a public health district that
charges a fee for issuance or renewal of a permit under Section
437.012 or 437.0123 for a premises located in the county or
municipality and permitted or licensed by the Texas Alcoholic
Beverage Commission] may not [also] charge a fee under Section
11.38 or 61.36, Alcoholic Beverage Code, for issuance of an
alcoholic beverage permit or license for the premises if the
premises is a food service establishment, retail food store, mobile
food unit, roadside food vendor, or temporary food service
establishment that has already paid a fee to operate to any county,
municipality, or public health district.
SECTION 8. Section 437.0124, Health and Safety Code, is
amended to read as follows:
Sec. 437.0124. COUNTY, MUNICIPALITY, AND PUBLIC HEALTH
DISTRICT FEE SCHEDULE. (a) A county, municipality, or public
health district shall establish a fee schedule for any fees
collected under this chapter and revise the fee schedule as
necessary.
(b) A county, municipality, or public health district shall
submit a copy of the fee schedule to the department for inclusion in
the registry established under Section 437.0091.
SECTION 9. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.0126, 437.0127, and 437.029 to read as
follows:
Sec. 437.0126. LOCAL FEE LIMITATION. Notwithstanding any
other law, a county, municipality, or public health district,
including an authorized agent, employee, or department, may not
charge a food service establishment, retail food store, mobile food
unit, roadside food vendor, or temporary food service establishment
a fee, including any processing fees or added costs, that exceeds
the fee the food service establishment, retail food store, mobile
food unit, roadside food vendor, or temporary food service
establishment would pay to the department if it were located within
the department's jurisdiction.
Sec. 437.0127. STAKEHOLDER NOTICE. (a) A county,
municipality, or public health district that charges fees, requires
permits, or conducts inspections under this chapter shall provide
an opportunity for stakeholders to sign up for e-mail updates from
the entity.
(b) At least 60 days before a fee, permit, or inspection
protocol or procedure is revised, the county, municipality, or
public health district shall notify by e-mail all stakeholders who
have signed up for e-mail updates under this section.
Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any
other law, the department, a county, a municipality, or a public
health district may not require a food service establishment to
obtain a sound regulation permit, charge a sound regulation fee to
an establishment, or otherwise prohibit sound-related activity at
an establishment:
(1) for sound arising from the delivery of food,
nonalcoholic beverages, food service supplies, or ice to the
establishment if the establishment accepts delivery of those items
for one hour or less between 10 p.m. and 5 a.m., provided the sound
level from the deliveries does not exceed 75 dBA when measured from
the residential property closest in proximity to the establishment,
excluding traffic and other background noise that can be reasonably
excluded; or
(2) for amplified sound if the establishment is a
restaurant, as defined by Section 1.04, Alcoholic Beverage Code,
that limits the use of amplified sound for playing music or
amplifying human speech within the establishment's indoor or
outside property boundaries to ensure:
(A) the amplified sound is not used after 10 p.m.
on Sunday through Thursday and 11 p.m. on Friday and Saturday; and
(B) the amplified sound level does not exceed 70
dBA or 75 dBC when measured at the establishment's property
perimeter, excluding traffic and other background noise that can be
reasonably excluded.
(b) Subsection (a)(2) does not apply to a food service
establishment on property that is located within 300 feet of a
residence that was occupied before the food service establishment
was located on the property.
(c) This section does not restrict the authority of a
municipality or county to enforce the limitations described by
Subsection (a) or an ordinance or order the municipality or county
adopts, to the extent the ordinance or order does not conflict with
that subsection.
SECTION 10. Section 438.1055, Health and Safety Code, is
amended to read as follows:
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
CARD OR LOCAL FEE. Notwithstanding any other law, a [A] local
health jurisdiction may not require a food manager who holds a food
manager certificate issued under this subchapter to hold a local
food manager card, license, permit, or certification or any other
credential or paperwork or charge a fee for issuance of the
certificate under this subchapter.
SECTION 11. Section 437.004(d), Health and Safety Code, is
repealed.
SECTION 12. This Act takes effect September 1, 2025.