Texas 2025 89th Regular

Texas Senate Bill SB1358 Senate Committee Report / Bill

Filed 03/26/2025

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                    By: Parker S.B. No. 1358
 (In the Senate - Filed February 18, 2025; March 6, 2025,
 read first time and referred to Committee on Business & Commerce;
 March 26, 2025, reported adversely, with favorable Committee
 Substitute by the following vote:  Yeas 11, Nays 0; March 26, 2025,
 sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR S.B. No. 1358 By:  Campbell




 A BILL TO BE ENTITLED
 AN ACT
 relating to prohibited local regulations regarding certain
 late-night and overnight deliveries to food service
 establishments.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 437, Health and Safety Code, is amended
 by adding Section 437.029 to read as follows:
 Sec. 437.029.  PROHIBITED LOCAL REGULATIONS RELATING TO
 CERTAIN LATE-NIGHT AND OVERNIGHT DELIVERIES TO FOOD SERVICE
 ESTABLISHMENTS. 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 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 65 dBA when measured from the residential property closest
 in proximity to the establishment, excluding traffic and other
 background noise that can be reasonably excluded.
 SECTION 2.  This Act takes effect September 1, 2025.
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