Harris Food Bill Holds Local Fees To The State Level

The text as introduced · 1,391 words

89R3233 SRA-F

By: Harris
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. Section 437.004(a), Health and Safety Code, is

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.

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, for issuance of an

alcoholic beverage permit or license for the premises 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 any county,

municipality, or public health district .

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.

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

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

follows:

Sec. 437.0126. LOCAL FEE LIMITATION. Notwithstanding any

other law, 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

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, or temporary food service

establishment would pay to the department if it were located within

the department's jurisdiction.

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 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:

(1) for sound arising from the delivery of food,

nonalcoholic beverages, food service supplies, or ice to the

establishment if the establishment accepts delivery of those items

for one hour or less between 10 p.m. and 5 a.m., provided the sound

level from the deliveries does not exceed 75 dBA when measured from

the residential property closest in proximity to the establishment,

excluding traffic and other background noise that can be reasonably

excluded; or

(2) for amplified sound if the establishment 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 the 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.

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 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. Section 437.004(d), Health and Safety Code, is

repealed.

SECTION 12. This Act takes effect September 1, 2025.