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89(R) HB 1449 - Senate Committee Report version - Bill Text
By: Capriglione (Senate Sponsor - Parker)
H.B. No. 1449
(In the Senate - Received from the House May 19, 2025;
May 19, 2025, read first time and referred to Committee on Local
Government; May 25, 2025, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 25, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1449
By: Cook
A BILL TO BE ENTITLED
AN ACT
relating to permits for mobile food service establishments
operating in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 437A, Health and Safety
Code, is amended to read as follows:
CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN
[
CERTAIN
] COUNTIES
WITH POPULATION OF MORE THAN ONE MILLION
[
IN
MORE THAN ONE MUNICIPALITY
]
SECTION 2. Section 437A.002, Health and Safety Code, is
amended to read as follows:
Sec. 437A.002. APPLICABILITY. This chapter applies only
to a county[
:
[
(1)
] with a population of more than
one
[
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
].
SECTION 3. The heading to Section 437A.006, Health and
Safety Code, is amended to read as follows:
Sec. 437A.006. INSPECTION [
BY COUNTY
].
SECTION 4. Section 437A.006, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d)
A county to which this chapter applies may, by written
agreement with a municipality, collaborate with a municipality
located wholly or partly in the county the inspection of a mobile
food service establishment operating in the municipality.
SECTION 5. Chapter 437A, Health and Safety Code, is amended
by adding Sections 437A.0075, 437A.0076, and 437A.0077 to read as
follows:
Sec.
437A.0075.
PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.
A municipality located wholly or partly in a county to which this
chapter applies may not require a permit or similar authorization,
other than the permit required under Section 437A.003, for a mobile
food service establishment to operate in the municipality.
Sec.
437A.0076.
FEE CALCULATION. A county imposing a fee
for a permit issued or renewed under this chapter shall set an
annual fee in an amount equal to the amount the department charges
biennially for a similar permit under Chapter 437.
Sec.
437A.0077.
RECIPROCAL PERMIT. A county may waive any
permit requirement for an applicant who holds a permit issued by
another county under this chapter.
SECTION 6. Section 437.0073, Health and Safety Code, is
repealed.
SECTION 7. The changes in law made by this Act apply to an
ordinance, rule, regulation, policy, or procedure adopted before,
on, or after the effective date of this Act.
SECTION 8. This Act takes effect September 1, 2025.
* * * * *