Relating to the disclosure of mandatory fees or surcharges charged to a consumer by a food service establishment; authorizing an administrative penalty.

89(R) HB 5212 - House Committee Report version - Bill Text

89R27043 MLH-D

By: Phelan, Ordaz, Harris Davila

H.B. No. 5212

Substitute the following for H.B. No. 5212:

By: Button

C.S.H.B. No. 5212

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of mandatory fees or surcharges charged

to a consumer by a food service establishment; authorizing an

administrative penalty.

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.

DISCLOSURE OF MANDATORY FEE OR SURCHARGE

CHARGED BY FOOD SERVICE ESTABLISHMENT; ADMINISTRATIVE PENALTY.

(a)

A food service establishment that charges to a consumer dining in

the establishment a mandatory fee or surcharge other than a tax or

fee imposed by a governmental entity shall disclose the fee or

surcharge on the establishment's printed menu in a standard font

type and size that is reasonably easy for a consumer to read.

(b)

A food service establishment that does not use a printed

menu shall provide the disclosure in the manner required by

Subsection (a) on a menu board, online menu, sign at the entrance to

the food service establishment's premises, or other place

reasonably likely to be seen by a consumer.

(c)

The department, a public health district, a county, or a

municipality that regulates a food service establishment under this

chapter may impose an administrative penalty on an establishment

for a violation of this section.

An entity imposing a penalty under

this subsection shall determine the amount of the penalty based on

the seriousness of the violation.

(d)

This section may not be construed to create a private

cause of action or change any common law or statutory duty.

SECTION 2. This Act takes effect September 1, 2025.