| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | |
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| 7 | 6 | | A BILL TO BE ENTITLED |
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| 8 | 7 | | AN ACT |
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| 9 | 8 | | relating to prohibited local regulations regarding certain |
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| 10 | 9 | | late-night and overnight deliveries to food service |
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| 11 | 10 | | establishments. |
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| 12 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 12 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 14 | 13 | | by adding Section 437.029 to read as follows: |
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| 15 | 14 | | Sec. 437.029. PROHIBITED LOCAL REGULATIONS RELATING TO |
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| 16 | 15 | | CERTAIN LATE-NIGHT AND OVERNIGHT DELIVERIES TO FOOD SERVICE |
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| 17 | 16 | | ESTABLISHMENTS. Notwithstanding any other law, the department, a |
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| 18 | 17 | | county, a municipality, or a public health district may not require |
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| 19 | 18 | | a food service establishment to obtain a sound regulation permit, |
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| 20 | 19 | | charge a sound regulation fee to an establishment, or otherwise |
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| 21 | 20 | | prohibit sound-related activity at an establishment for sound |
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| 22 | 21 | | arising from the delivery of food, nonalcoholic beverages, food |
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| 23 | 22 | | service supplies, or ice to the establishment if the establishment |
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| 24 | 23 | | accepts delivery of those items for one hour or less between 10 p.m. |
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| 25 | 24 | | and 5 a.m., provided the sound level from the deliveries does not |
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| 26 | 25 | | exceed 65 dBA when measured from the residential property closest |
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| 27 | 26 | | in proximity to the establishment, excluding traffic and other |
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| 28 | 27 | | background noise that can be reasonably excluded. |
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| 29 | 28 | | SECTION 2. This Act takes effect September 1, 2025. |
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