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89(R) HB 5459 - House Committee Report version - Bill Text
89R26197 KRM-F
By: Wilson
H.B. No. 5459
Substitute the following for H.B. No. 5459:
By: VanDeaver
C.S.H.B. No. 5459
A BILL TO BE ENTITLED
AN ACT
relating to food service establishment, temporary food service
establishment, and retail food store permits for certain
small-scale food businesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0063 to read as follows:
Sec.
437.0063.
SMALL-SCALE FOOD BUSINESS PERMIT
EXEMPTIONS.
(a)
In this section:
(1)
"Food producer" has the meaning assigned by
Section 437.020.
(2)
"Small-scale food business" means a legal entity
established by a farmer or food producer with less than $1.5 million
in annual gross revenue.
The term includes a sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or
limited liability company.
(b)
A county, municipality, or public health district may
not require a small-scale food business to obtain a permit or pay a
permitting fee to operate a food service establishment, temporary
food service establishment, or retail food store at a location for
which the business:
(1)
holds a permit issued by the department for that
purpose; or
(2)
is licensed as a food manufacturer under
Subchapter J, Chapter 431.
(c)
This section preempts a county's, municipality's, or
public health district's authority to regulate a small-scale food
business in a manner that conflicts with this section.
SECTION 2. This Act takes effect September 1, 2025.