Relating to state and local authority to regulate the food service industry.

89(R) HB 2156 - House Committee Report version - Bill Text

89R20749 SRA-F

By: Harris

H.B. No. 2156

Substitute the following for H.B. No. 2156:

By: Metcalf

C.S.H.B. No. 2156

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. Sections 437.004(a), (c), and (d), Health and

Safety Code, are 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.

(c) If the district does not have an administrative board,

the governing body of each member of the district must adopt the

order.
Subject to Section 437.009(b), the
[
The
] order is effective

throughout the public health district on the 30th day after the

first date on which the governing bodies of all members have adopted

the order.

(d) This chapter does not restrict the authority of a

municipality that is a member of a public health district to adopt

ordinances or administer a permit system concerning food service

establishments, retail food stores, mobile food units, and roadside

food vendors
, to the extent those ordinances or that system does not

conflict with a provision of state law
.

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,
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 the department or to any

county, municipality, or public health district
[
for issuance of an

alcoholic beverage permit or license for the premises
].

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 not later than the

60th day before the date the fee schedule goes into effect.

SECTION 9. Chapter 437, Health and Safety Code, is amended

by adding Sections 437.0126, 437.0127, 437.029, and 437.030 to read

as follows:

Sec.

437.0126.

LOCAL FEE LIMITATION. (a)

Notwithstanding

any other law and except as provided by Subsections (c) and (d), 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 or an

employee of any of those entities 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, temporary food service establishment, or employee would pay

to the department if the entity or employee were located within the

department's jurisdiction.

(b)

A county, municipality, or public health district,

including an authorized agent, employee, or department, may

calculate and assess fees in accordance with Subsection (a):

(1) on an annual or biennial basis; and

(2) using a risk-based assessment.

(c)

A county, municipality, or public health district,

including an authorized agent, employee, or department, may assess

a reinspection fee if:

(1)

the reinspection is necessary to cure a violation

that presents a direct and significant risk to public health;

(2)

the reinspection fee does not exceed the lesser of

the cost of an initial inspection or $200; and

(3)

not more than one reinspection fee is charged

within 60 days of the previous inspection, unless the entity on

which the fee is imposed failed to make reasonable efforts to

correct the violation.

(d)

A county, municipality, or public health district may

charge a food service establishment, retail food store, mobile food

unit, roadside food vendor, or temporary food service establishment

up to 120 percent of the total fees authorized under Subsection (a)

if the county, municipality, or public health district determines

that the increased fee is necessary to protect public safety and

maintain adequate food safety staffing levels in the county,

municipality, or district.

Before imposing the increased fees

under this subsection, a county, municipality, or public health

district shall hold at least one annual public meeting or hearing to

demonstrate compliance with this subsection.

This subsection

applies only to:

(1) a county with a population of 2.5 million or more;

(2)

a municipality with a population of 950,000 or

more; or

(3)

a public health district that regulates a county

or municipality described by Subdivision (1) or (2).

(e)

This section does not prohibit a county, municipality,

or public health district, including an authorized agent, employee,

or department, from charging a fee that is necessary for the county,

municipality, or public health district to comply with an active,

legally binding federal consent decree, enforcement order, or

administrative agreement mandating food service compliance

inspections. Before imposing a fee under this subsection, a county,

municipality, or public health district shall hold at least one

annual public meeting or hearing to demonstrate that the fee is

limited to the amount necessary to comply with a decree, order, or

agreement.

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, including an authorized agent, employee, or

department, 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 if the establishment:

(1)

accepts delivery of supplies or other items,

provided that if the delivery occurs between 10 p.m. and 5 a.m.,

then:

(A) the delivery lasts for one hour or less;

(B)

the delivery is only for food, nonalcoholic

beverages, food service supplies, or ice; and

(C)

the delivery sound level when measured from

the residential property closest in proximity to the establishment

does not exceed 65 dBA, excluding traffic and other background

noise that can be reasonably excluded; or

(2)

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 any 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.

Sec.

437.030.

TRANSPORTING, DELIVERING, AND SERVING FOOD AT

WORKPLACE BY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD UNIT. (a)

This section applies only to a permitted food service establishment

or permitted mobile food unit transporting and delivering to the

premises of a workplace food to be served by an employee or

contractor of the establishment or unit.

(b)

Notwithstanding any other law, a county, a

municipality, a public health district, or the department may not

require a permitted food service establishment or permitted mobile

food unit or an employee or contractor of an establishment or unit

to obtain an additional permit or certification to transport,

deliver, and serve food at the premises of a workplace if:

(1)

in the event that the food is assembled at the

workplace, the employees or contractors of the establishment or

unit comply with applicable food handler and food manager

certification requirements;

(2)

an employee or contractor of the establishment or

unit serves the prepared food at the workplace premises;

(3)

the prepared food is sold to employees or guests of

the workplace;

(4)

the food is prepared, transported, delivered, and

served in accordance with local catering food safety rules,

including time and temperature requirements;

(5)

adequate bathrooms and handwashing stations,

whether plumbed or portable, are available on the workplace

premises; and

(6)

the establishment or unit transports, delivers,

and serves food to the workplace premises not more than three days

in a seven-day period.

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 pay a fee for or

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. This Act takes effect September 1, 2025.