Texas 2025 - 89th Regular

Texas Senate Bill SB1008 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Middleton, et al. S.B. No. 1008
2		-
3		-
	1	+	By: Middleton, Hagenbuch S.B. No. 1008
	2	+	(In the Senate - Filed January 29, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	March 27, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 11, Nays 0; March 27, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1008 By: Middleton
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to state and local authority to regulate the food service
9	14		industry.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 102A, Civil Practice and Remedies Code,
12	17		is amended by adding Section 102A.0015 to read as follows:
13	18		Sec. 102A.0015. APPLICABILITY. In this chapter, a
14	19		reference to a municipality or county includes a public health
15	20		district created by one or more municipalities or counties.
16	21		SECTION 2. Section 102A.002, Civil Practice and Remedies
17	22		Code, is amended to read as follows:
18	23		Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any
19	24		person who has sustained an injury in fact, actual or threatened,
20	25		from a municipal or county ordinance, order, or rule adopted or
21	26		enforced by a municipality or county in violation of any of the
22	27		following provisions or a trade association representing the person
23	28		has standing to bring and may bring an action against the
24	29		municipality or county:
25	30		(1) Section 1.004, Agriculture Code;
26	31		(2) Section 1.109, Business & Commerce Code;
27	32		(3) Section 1.004, Finance Code;
28	33		(3-a) Chapter 437, 437A, or 438, Health and Safety
29	34		Code;
30	35		(4) Section 30.005, Insurance Code;
31	36		(5) Section 1.005, Labor Code;
32	37		(6) Section 229.901, Local Government Code;
33	38		(7) Section 1.003, Natural Resources Code;
34	39		(8) Section 1.004, Occupations Code; or
35	40		(9) Section 1.004, Property Code.
36	41		SECTION 3. Section 437.003, Health and Safety Code, is
37	42		amended to read as follows:
38	43		Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. Subject
39	44		to Section 437.0045, to [To] enforce state law and rules adopted
40	45		under state law, the commissioners court of a county by order may
41	46		require food service establishments, retail food stores, mobile
42	47		food units, and roadside food vendors in unincorporated areas of
43	48		the county, including areas in the extraterritorial jurisdiction of
44	49		a municipality, to obtain a permit from the county.
45	50		SECTION 4. Sections 437.004(a), (c), and (d), Health and
46	51		Safety Code, are amended to read as follows:
47	52		(a) Subject to Section 437.0045, a [A] public health
48	53		district that is established by at least one county and one or more
49	54		municipalities in the county by order may require food service
50	55		establishments, retail food stores, mobile food units, and roadside
51	56		food vendors in the district to obtain a permit from the district.
52	57		(c) If the district does not have an administrative board,
53	58		the governing body of each member of the district must adopt the
54	59		order. Subject to Section 437.009(b), the [The] order is effective
55	60		throughout the public health district on the 30th day after the
56	61		first date on which the governing bodies of all members have adopted
57	62		the order.
58	63		(d) This chapter does not restrict the authority of a
59	64		municipality that is a member of a public health district to adopt
60	65		ordinances or administer a permit system concerning food service
61	66		establishments, retail food stores, mobile food units, and roadside
62	67		food vendors, to the extent those ordinances or that system does not
63	68		conflict with a provision of state law.
64	69		SECTION 5. Chapter 437, Health and Safety Code, is amended
65	70		by adding Section 437.0045 to read as follows:
66	71		Sec. 437.0045. LOCAL PERMIT REQUIREMENT LIMITATION.
67	72		Notwithstanding any other law, a county, municipality, or public
68	73		health district, including an authorized agent, employee, or
69	74		department, may only require a permit, license, certification, or
70	75		other form of authority if the permit, license, certification, or
71	76		other form of authority would be required of the food service
72	77		establishment, retail food store, mobile food unit, roadside food
73	78		vendor, or temporary food service establishment or an employee of
74	79		any of those entities if the entity or person was located within the
75	80		department's jurisdiction.
76	81		SECTION 6. Section 437.0091, Health and Safety Code, is
77	82		amended to read as follows:
78	83		Sec. 437.0091. LOCAL [MUNICIPAL] ORDINANCE AND FEE SCHEDULE
79	84		REGISTRY. The department shall establish and maintain on the
80	85		department's Internet website a registry for municipal ordinances
81	86		submitted under Section 437.009(b) and fee schedules submitted
82	87		under Section 437.0124(b). The department shall [and] post in the
83	88		registry each submitted ordinance or fee schedule not later than
84	89		the 10th day after the date the department receives the ordinance or
85	90		fee schedule.
86	91		SECTION 7. Section 437.01235, Health and Safety Code, is
87	92		amended to read as follows:
88	93		Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE
89	94		PERMIT OR LICENSE. Notwithstanding any other law, a [A] county, [or
90	95		a] municipality, or public health district, including an authorized
91	96		agent, employee, or department, [with a public health district that
92	97		charges a fee for issuance or renewal of a permit under Section
93	98		437.012 or 437.0123 for a premises located in the county or
94	99		municipality and permitted or licensed by the Texas Alcoholic
95	100		Beverage Commission] may not [also] charge a fee under Section
96	101		11.38 or 61.36, Alcoholic Beverage Code, if the premises is a food
97	102		service establishment, retail food store, mobile food unit,
98	103		roadside food vendor, or temporary food service establishment that
99	104		has already paid a fee to operate to the department or to any
100	105		county, municipality, or public health district [for issuance of an
101	106		alcoholic beverage permit or license for the premises].
102	107		SECTION 8. Section 437.0124, Health and Safety Code, is
103	108		amended to read as follows:
104	109		Sec. 437.0124. COUNTY, MUNICIPALITY, AND PUBLIC HEALTH
105	110		DISTRICT FEE SCHEDULE. (a) A county, municipality, or public
106	111		health district shall establish a fee schedule for any fees
107	112		collected under this chapter and revise the fee schedule as
108	113		necessary.
109	114		(b) A county, municipality, or public health district shall
110	115		submit a copy of the fee schedule to the department for inclusion in
111	116		the registry established under Section 437.0091 not later than the
112	117		60th day before the date the fee schedule goes into effect.
113	118		SECTION 9. Chapter 437, Health and Safety Code, is amended
114	119		by adding Sections 437.0126, 437.0127, 437.029, and 437.030 to read
115	120		as follows:
116	121		Sec. 437.0126. LOCAL FEE LIMITATION. (a) Notwithstanding
117	122		any other law and except as provided by Subsections (c) and (d), a
118	123		county, municipality, or public health district, including an
119	124		authorized agent, employee, or department, may not charge a food
120	125		service establishment, retail food store, mobile food unit,
121	126		roadside food vendor, or temporary food service establishment or an
122	127		employee of any of those entities a fee, including any processing
123		-	fees or added costs, that exceeds the ~~maximum~~ fee a food service
	128	+	fees or added costs, that exceeds the fee the food service
124	129		establishment, retail food store, mobile food unit, roadside food
125	130		vendor, temporary food service establishment, or employee would pay
126	131		to the department if the entity or employee were located within the
127	132		department's jurisdiction.
128		-	(a-1) For purposes of Subsection (a), the maximum fee a
129		-	county, municipality, or public health district may charge annually
130		-	may not exceed the maximum fee that would be charged by the
131		-	department biennially.
132	133		(b) A county, municipality, or public health district,
133	134		including an authorized agent, employee, or department, may
134	135		calculate and assess fees in accordance with Subsection (a):
135	136		(1) on an annual or biennial basis; and
136	137		(2) using a risk-based assessment.
137	138		(c) A county, municipality, or public health district,
138	139		including an authorized agent, employee, or department, may assess
139	140		a reinspection fee if:
140	141		(1) the reinspection is necessary to cure a violation
141	142		that presents a direct and significant risk to public health;
142	143		(2) the reinspection fee does not exceed the lesser of
143	144		the cost of an initial inspection or $200; and
144	145		(3) not more than one reinspection fee is charged
145	146		within 60 days of the previous inspection, unless the entity on
146	147		which the fee is imposed failed to make reasonable efforts to
147	148		correct the violation.
148	149		(d) A county, municipality, or public health district may
149	150		charge a food service establishment, retail food store, mobile food
150	151		unit, roadside food vendor, or temporary food service establishment
151	152		up to 120 percent of the total fees authorized under Subsection (a)
152	153		if the county, municipality, or public health district determines
153	154		that the increased fee is necessary to protect public safety and
154	155		maintain adequate food safety staffing levels in the county,
155	156		municipality, or district. Before imposing the increased fees
156	157		under this subsection, a county, municipality, or public health
157	158		district shall hold at least one annual public meeting or hearing to
158	159		demonstrate compliance with this subsection. This subsection
159	160		applies only to:
160	161		(1) a county with a population of 2.5 million or more;
161		-	(2) a county with a population of more than 2 million
162		-	within which are located two municipalities, each of which has a
163		-	population of at least 350,000;
164		-	(3) a municipality with a population of 950,000 or
	162	+	(2) a municipality with a population of 950,000 or
165	163		more; or
166		-	(4) a public health district that regulates a county
167		-	or municipality described by Subdivision (1), (2)~~, or (3)~~.
	164	+	(3) a public health district that regulates a county
	165	+	or municipality described by Subdivision (1) or (2).
168	166		(e) This section does not prohibit a county, municipality,
169	167		or public health district, including an authorized agent, employee,
170	168		or department, from charging a fee that is necessary for the county,
171	169		municipality, or public health district to comply with an active,
172	170		legally binding federal consent decree, enforcement order, or
173	171		administrative agreement mandating food service compliance
174	172		inspections. Before imposing a fee under this subsection, a county,
175	173		municipality, or public health district shall hold at least one
176	174		annual public meeting or hearing to demonstrate that the fee is
177	175		limited to the amount necessary to comply with a decree, order, or
178	176		agreement.
179	177		Sec. 437.0127. STAKEHOLDER NOTICE. (a) A county,
180	178		municipality, or public health district that charges fees, requires
181	179		permits, or conducts inspections under this chapter shall provide
182	180		an opportunity for stakeholders to sign up for e-mail updates from
183	181		the entity.
184	182		(b) At least 60 days before a fee, permit, or inspection
185	183		protocol or procedure is revised, the county, municipality, or
186	184		public health district shall notify by e-mail all stakeholders who
187	185		have signed up for e-mail updates under this section.
188	186		Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any
189	187		other law, the department, a county, a municipality, or a public
190	188		health district, including an authorized agent, employee, or
191	189		department, may not require a food service establishment to obtain
192	190		a sound regulation permit, charge a sound regulation fee to an
193	191		establishment, or otherwise prohibit sound-related activity at an
194	192		establishment if the establishment:
195	193		(1) accepts delivery of supplies or other items,
196	194		provided that if the delivery occurs between 10 p.m. and 5 a.m.,
197	195		then:
198	196		(A) the delivery lasts for one hour or less;
199	197		(B) the delivery is only for food, nonalcoholic
200	198		beverages, food service supplies, or ice; and
201	199		(C) the delivery sound level when measured from
202	200		the residential property closest in proximity to the establishment
203	201		does not exceed 65 dBA, excluding traffic and other background
204	202		noise that can be reasonably excluded; or
205	203		(2) is a restaurant, as defined by Section 1.04,
206	204		Alcoholic Beverage Code, that limits the use of amplified sound for
207	205		playing music or amplifying human speech within the establishment's
208	206		indoor or outside property boundaries to ensure:
209	207		(A) the amplified sound is not used after 10 p.m.
210	208		on Sunday through Thursday and 11 p.m. on Friday and Saturday; and
211	209		(B) the amplified sound level does not exceed 70
212	210		dBA or 75 dBC when measured at the establishment's property
213	211		perimeter, excluding traffic and other background noise that can be
214	212		reasonably excluded.
215	213		(b) Subsection (a)(2) does not apply to a food service
216	214		establishment on property that is located within 300 feet of a
217	215		residence that was occupied before any food service establishment
218	216		was located on the property.
219	217		(c) This section does not restrict the authority of a
220	218		municipality or county to enforce the limitations described by
221	219		Subsection (a) or an ordinance or order the municipality or county
222	220		adopts, to the extent the ordinance or order does not conflict with
223	221		that subsection.
224	222		Sec. 437.030. TRANSPORTING, DELIVERING, AND SERVING FOOD AT
225	223		WORKPLACE BY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD UNIT. (a)
226	224		This section applies only to a permitted food service establishment
227	225		or permitted mobile food unit transporting and delivering to the
228	226		premises of a workplace food to be served by an employee or
229	227		contractor of the establishment or unit.
230	228		(b) Notwithstanding any other law, a county, a
231	229		municipality, a public health district, or the department may not
232	230		require a permitted food service establishment or permitted mobile
233	231		food unit or an employee or contractor of an establishment or unit
234	232		to obtain an additional permit or certification to transport,
235	233		deliver, and serve food at the premises of a workplace if:
236	234		(1) in the event that the food is assembled at the
237	235		workplace, the employees or contractors of the establishment or
238	236		unit comply with applicable food handler and food manager
239	237		certification requirements;
240	238		(2) an employee or contractor of the establishment or
241	239		unit serves the prepared food at the workplace premises;
242	240		(3) the prepared food is sold to employees or guests of
243	241		the workplace;
244	242		(4) the food is prepared, transported, delivered, and
245	243		served in accordance with local catering food safety rules,
246	244		including time and temperature requirements;
247	245		(5) adequate bathrooms and handwashing stations,
248	246		whether plumbed or portable, are available on the workplace
249	247		premises; and
250	248		(6) the establishment or unit transports, delivers,
251	249		and serves food to the workplace premises not more than three days
252	250		in a seven-day period.
253		-	(c) Notwithstanding any other law, a county, a
254		-	municipality, a public health district, or the department may not
255		-	require an owner or operator of a workplace to which food is
256		-	transported, delivered, or served under Subsection (b) to obtain a
257		-	permit or certification.
258	251		SECTION 10. Section 438.1055, Health and Safety Code, is
259	252		amended to read as follows:
260	253		Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER
261	254		CARD OR LOCAL FEE. Notwithstanding any other law, a [A] local
262	255		health jurisdiction may not require a food manager who holds a food
263	256		manager certificate issued under this subchapter to pay a fee for or
264	257		to hold a local food manager card, license, permit, or
265	258		certification or any other credential or paperwork [or charge a fee
266	259		for issuance of the certificate under this subchapter].
267	260		SECTION 11. This Act takes effect September 1, 2025.
	261	+	* * * * *