Harrison Bill Overrides City Food Truck Rules With A State License

The text as introduced · 6,935 words

By: Harrison
H.B. No. 2683

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of mobile food vendors; requiring an

occupational license; imposing fees; authorizing an administrative

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 6, Health & Safety Code, is

amended by adding Chapter 437B to read as follows:

CHAPTER 437B. MOBILE FOOD VENDORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 437B.001. This chapter may be cited as the Mobile Food

Vendor Freedom Act.

Sec. 437B.002. PURPOSES. The purposes of this chapter are

to:

(1) legalize mobile food vending across the state;

(2) promote agriculture and expand economic

development;

(3) foster opportunities for small businesses and

stimulate innovation;

(4) increase consumer access to desired local foods;

(5) simplify and standardize mobile food vending

regulations; and

(6) protect public health and safety by ensuring

mobile food vendors follow clear, narrowly tailored regulations

that address demonstrable health and safety risks.

Sec. 437B.003. DEFINITIONS. In this chapter:

(1) "Applicant" means a person who applies to the

department to receive a license to operate as a mobile food vendor.

(2) "Food vending vehicle" means any motorized vehicle

a mobile food vendor uses to sell food and beverages.

(3) "License holder" means a person who holds a mobile

food vending license issued under this chapter.

(4) "Local authority" means a municipality, county,

public health authority, special purpose district or authority, or

any other political subdivision of this state.

(5) "Mobile food vendor" means any person who

dispenses food or beverages from a food vending vehicle for

immediate service or consumption.

(6) "Prepackaged food" means any commercially labeled

and processed food that is prepackaged to prevent direct human

contact with the food product on distribution from the

manufacturer, food facility, or other approved source.

(7) "Public property" means real property owned by a

governmental entity and includes all rights-of-way other than

public sidewalks and rights-of-way in public parks.

Sec. 437B.004. CONSTRUCTION. This chapter may not be

construed to require a local authority to enter into a

collaborative agreement with the department to conduct health

inspections, adopt a program regulating mobile food vendors, or

modify a local authority's existing program regulating mobile food

vendors, provided the local authority's regulations do not conflict

with this chapter.

Sec. 437B.005. PREEMPTION. This chapter preempts a local

authority's power to prohibit or regulate mobile food vending in a

manner that conflicts with this chapter.

Sec. 437B.006. RULES. The executive commissioner may adopt

rules to implement this chapter. The rules must be narrowly

tailored to address a demonstrable health or safety risk and may

not:

(1) limit the number of mobile food vending licenses

the department may issue;

(2) address the hours of operation for mobile food

vendors;

(3) restrict a mobile food vendor's propane capacity

below the capacity state law allows for commercial vehicles; or

(4) require a mobile food vendor to:

(A) operate a specific distance from the

perimeter of a commercial establishment or restaurant;

(B) obtain a license or permit for or perform a

background or criminal history record check on the mobile food

vendor's employees;

(C) enter into any agreement with a commercial

establishment or restaurant in order to operate;

(D) have a handwashing sink in the vehicle of a

mobile food vendor who sells only prepackaged food;

(E) associate with a commissary if the mobile

food vendor's food vending vehicle carries the equipment necessary

to comply with state law;

(F) obtain any additional permits from a local

authority, unless the mobile food vendor seeks to operate in a

public park governed by the local authority;

(G) provide the vendor's fingerprints as a

condition of holding a mobile food vending license;

(H) install a global positioning system tracking

device on the mobile food vendor's food vending vehicle;

(I) keep the mobile food vendor's food vending

vehicle in constant motion except when serving customers;

(J) maintain insurance that names a local

authority as an additional insured unless the mobile food vendor is

attending an event sponsored by the local authority or operating in

a local public park;

(K) obtain a bond that names a local authority as

a beneficiary unless the mobile food vendor is attending an event

sponsored by the local authority or operating in a local public

park;

(L) submit the vendor's food vending vehicle to

an additional fire inspection if the vendor demonstrates that the

vehicle passed a state or local fire inspection within the

preceding 12 months; or

(M) submit to health inspections other than an

inspection conducted by the department or a local authority under a

collaborative agreement unless the department is investigating a

reported foodborne illness.

SUBCHAPTER B. LICENSE

Sec. 437B.051. LICENSE REQUIRED. (a) A person may not

operate as a mobile food vendor in this state without obtaining a

mobile food vending license from the department. A separate mobile

food vending license is required for each food vending vehicle

operated by a mobile food vendor.

(b) A local authority may not prohibit from operating in its

jurisdiction a mobile food vendor that holds a mobile food vending

license and complies with all other state and local laws not in

conflict with this chapter.

Sec. 437B.052. FORM OF APPLICATION. The department shall

prescribe a written application for a mobile food vending license.

The department shall make the mobile food vending license

application available to applicants in person and on the

department's Internet website.

Sec. 437B.053. APPLICATION REQUIREMENTS. (a) An applicant

for a license under this subchapter must submit an application to

the department on the form prescribed by the department. The

application must contain:

(1) the applicant's name, address, and telephone

number;

(2) the name, address, and telephone number of any

associated entity or organization the applicant is representing and

copies of documents verifying that relationship;

(3) the applicant's primary residences and business

addresses during the 12 months preceding the date of the

application;

(4) the nature of the food or beverages the applicant

will sell for the purpose of the department establishing the

applicant's food type classification;

(5) a statement of whether the applicant has

previously been denied a mobile food vending license or has had a

mobile food vending license suspended or revoked in another state

or local jurisdiction and the reasons for any denial, suspension,

or revocation; and

(6) for each food vending vehicle the applicant is

applying for a license to operate:

(A) the vehicle license number, description,

identification number, and registration;

(B) proof of vehicle insurance; and

(C) a copy or proof of any additional licenses or

permits required by this state for commercial vehicles.

(b) An applicant must attest under oath the information

submitted under Subsection (a).

(c) The department may require an applicant to submit

additional information.

(d) An applicant may submit one application for all food

vending vehicles that require a license under this subchapter.

(e) An applicant's failure to submit a complete application

may result in denial of a license.

(f) A person may not intentionally provide false

information or intentionally omit requested information on an

application for a license.

Sec. 437B.054. HEALTH INSPECTION. (a) Not later than the

14th day after the date the department receives a complete license

application, the department or a governmental entity acting under a

collaborative agreement as provided by Subchapter D, shall conduct

a health inspection of each of the applicant's food vending

vehicles listed on the application. The department may not issue a

mobile food vending license to an applicant whose food vending

vehicle does not pass a health inspection.

(b) The department shall ensure that:

(1) an applicant's food vending vehicle is safe for

preparing, handling, and selling food; and

(2) an applicant is in compliance with all applicable

laws and the rules adopted under those laws.

Sec. 437B.055. ISSUANCE OF LICENSE. (a) The department

shall issue a mobile food vending license to an applicant who

submits a complete application, pays any required fee, meets the

department's licensing requirements, and whose food vending

vehicle passes a health inspection.

(b) A license issued under this section expires on the first

anniversary of the date it was issued.

Sec. 437B.056. LICENSE RENEWAL. (a) Before expiration of a

license, the department shall send notice of the expiration to the

mobile food vendor. The mobile food vendor shall submit a renewal

application before the date the license expires.

(b) A mobile food vendor may continue to operate while the

mobile food vendor's application for renewal is pending with the

department.

Sec. 437B.057. LICENSE NOT TRANSFERABLE; SUBSTITUTION OF

VEHICLE. (a) A license issued under this subchapter is not

transferable and does not authorize the activities of any person

other than the person who holds the license.

(b) The sale of one food vending vehicle identified in a

license application, when replaced by another food vending vehicle,

does not invalidate the original license or require a new license. A

license holder who replaces a food vending vehicle with another

vehicle must provide to the department for the food vending vehicle

the information required by Section 437B.053 and have the vehicle

inspected as required by Section 437B.054. The health inspection

shall be conducted as soon as practicable but not later than the

14th calendar day after the date the department receives the

information required under this section.

(c) The recipient of transferred mobile food vending

business assets must apply for and obtain a new mobile food vending

license before operating as a mobile food vendor.

Sec. 437B.058. FEES. (a) The department may charge a fee

for each license application submitted and each license issued or

renewed under this chapter. The department may establish a schedule

of fees based on the license classifications described by Section

437B.151. The department shall set the fees in amounts that are

reasonable in relation to the costs of administering this section

but not more than $200.

(b) The department may charge a fee for a health inspection

of an applicant's food vending vehicle required under Section

437B.054. The department shall set the fee in an amount that covers

the cost of conducting a health inspection under that section.

(c) At the time the department issues or renews a mobile

food vending license, the department shall charge a fee for a health

inspection required under Subchapter D. The department shall set

the fee in an amount that is based on the average cost of conducting

a health inspection multiplied by the number of annual health

inspections required during the next year for the mobile food

vendor classification type as described by Section 437B.151.

Sec. 437B.059. APPLICATION GUIDE. (a) The department

shall develop a guide on the mobile food vending licensing

procedures. The guide must include:

(1) instructions for obtaining, maintaining, and

renewing a mobile food vending license; and

(2) a description of the department's standards for

inspecting a food vending vehicle.

(b) The department shall make the guide available at the

department's office and on the department's Internet website.

Sec. 437B.060. DEPARTMENT DATABASE. (a) The department

shall establish and maintain a statewide database for use by the

department and local authorities that includes the:

(1) names of mobile food vendors who hold licenses

under this chapter;

(2) results of health inspections of mobile food

vendors' food vending vehicles, including inspection reports;

(3) public complaints made against mobile food

vendors; and

(4) itineraries of mobile food vendors submitted under

Subsection (b).

(b) A mobile food vendor may periodically submit to the

department an itinerary of the locations of the mobile food

vendor's food vending vehicles.

SUBCHAPTER C. MOBILE FOOD VENDING OPERATIONS

Sec. 437B.101. COMPLIANCE WITH STATE AND LOCAL LAW. A

mobile food vendor shall comply with all state and local laws in the

jurisdiction in which the mobile food vendor operates, including

all fire codes and zoning codes, that do not conflict with this

chapter.

Sec. 437B.102. LOCATION OF OPERATION. (a) A mobile food

vendor may operate on public property if the food vending vehicle is

parked at least 20 feet away from a street intersection. A mobile

food vendor may operate on any legal parking space, including a

metered space located on a public right-of-way, if the mobile food

vendor pays the required fees for parking in the space. When

operating on public property, a mobile food vendor is subject to the

same parking rules and restrictions as a commercial vehicle.

(b) A mobile food vendor may operate on private property if

the property is:

(1) located in an area in which food service

establishments may operate and the mobile food vendor has

permission from the property owner or the property owner's designee

to operate on the property; or

(2) located in a residential area and the mobile food

vendor is invited by a resident to operate on the resident's

property for the purpose of serving food to the resident or the

resident's guests.

(c) A mobile food vendor may not obstruct the passage of

pedestrians or vehicles along any street, sidewalk, or parkway.

Sec. 437B.103. FOOD VENDING VEHICLE DRIVER REQUIREMENTS. A

person who drives a food vending vehicle must hold a current

commercial driver's license issued under Chapter 522,

Transportation Code.

Sec. 437B.104. OPERATIONAL STANDARDS. (a) A mobile food

vendor shall:

(1) maintain in good operating order each food vending

vehicle the mobile food vendor uses;

(2) when operating on public property, position a food

vending vehicle in such a manner as to face the service window

toward the sidewalk or away from the street;

(3) provide a waste receptacle for customers that is

clearly marked and request customers use the waste receptacle;

(4) collect, remove, and dispose of all refuse within

25 feet of the mobile food vendor's operating area at the conclusion

of service;

(5) submit to and pass any required health inspection

conducted under Subchapter D; and

(6) display the mobile food vendor's mobile food

vending license and health inspection certificate in a conspicuous

location for public view.

(b) A mobile food vendor operating at a temporary mass

gathering that occurs over multiple days may operate in a

stationary manner for the duration of the temporary mass gathering,

not to exceed three consecutive days, without moving or changing

location, if the mobile food vendor maintains sanitary conditions.

Sec. 437B.105. FOOD SAFETY. (a) A mobile food vendor shall

comply with all laws and rules regarding food safety.

(b) At least one person working in a food vending vehicle

must hold a current food safety certification from a food service

program accredited as provided by Subchapter D, Chapter 438.

SUBCHAPTER D. HEALTH INSPECTIONS

Sec. 437B.151. MOBILE FOOD VENDOR CLASSIFICATIONS. (a)

The executive commissioner by rule shall establish classifications

of mobile food vendors for purposes of conducting health

inspections as follows:

(1) mobile food type I vendor for a mobile food vendor

who dispenses prepackaged foods, does not dispense time or

temperature control for safety beverages, or poses a low risk of

harm to the public;

(2) mobile food type II vendor for a mobile food vendor

who dispenses food that requires limited handling and preparation;

and

(3) mobile food type III vendor for a mobile food

vendor who prepares, cooks, holds, and serves food from a food

vending vehicle.

(b) The rules adopted under Subsection (a) shall specify the

categories of foods or beverages that mobile food vendors in each

classification may serve.

Sec. 437B.152. CHANGING CLASSIFICATIONS. A mobile food

vendor who seeks to serve food or beverages that may require the

vendor's reclassification shall notify the department of the nature

of the food or beverages to be sold. The department, or a local

authority in a collaborative agreement with the department under

Section 437B.153, may conduct a health inspection and reclassify

the mobile food vendor in accordance with the rules adopted under

Section 437B.151.

Sec. 437B.153. INSPECTIONS; COLLABORATIVE AGREEMENT WITH

LOCAL AUTHORITY. (a) To protect public health and safety, the

department shall ensure that a mobile food vendor is inspected on an

ongoing, randomized basis based on the mobile food vendor's

classification and health inspection grade.

(b) On request by a local authority, the department may

enter into a collaborative agreement with the local authority for

conducting health inspections. The department shall reimburse the

local authority acting under a collaborative agreement for the cost

of conducting a health inspection using money collected for health

inspection fees under Section 437B.058(c).

Sec. 437B.154. INSPECTION CRITERIA AND GRADING. (a) The

executive commissioner by rule shall establish statewide objective

criteria and a score-based grading system to be used by the

department or a local authority acting under a collaborative

agreement for conducting health inspections of mobile food vendors.

(b) The health inspection criteria established under

Subsection (a) shall provide a letter-grade format for rating a

mobile food vendor. The format shall rate a mobile food vendor with

a grade of "A," "B," "C," or "F" based on the score received during a

health inspection.

(c) The department shall provide a certificate of

excellence to a mobile food vendor who receives two consecutive

grades of "A." The department shall suspend the license of a mobile

food vendor who receives a grade of "F" until the vendor:

(1) corrects all violations discovered during the

health inspection; and

(2) is reinspected by the department or local

authority and receives a grade of "A," "B," or "C" for the health

inspection.

Sec. 437B.155. INSPECTION CERTIFICATE. (a) On completion

of a health inspection of a mobile food vendor, the department, or

local authority operating under a collaborative agreement, shall

issue a certificate to the mobile food vendor displaying the

vendor's letter grade and any applicable achievement of excellence

and record the grade in the department's database.

(b) A mobile food vendor shall display the certificate

received under Subsection (a) in a conspicuous location within view

of customers on the vendor's food vending vehicle.

Sec. 437B.156. FREQUENCY OF INSPECTIONS. The department,

or local authority operating under a collaborative agreement, shall

conduct randomized health inspections of mobile food vendors based

on the mobile food vendor's classification as follows:

(1) a mobile food type I vendor may be inspected only

when the department or a local authority receives a public health or

safety complaint regarding the mobile food vendor unless a health

inspection reveals a violation, then the mobile food vendor is

subject to health inspections at the frequency set for a mobile food

type II vendor until the vendor obtains a certificate of

excellence;

(2) a mobile food type II vendor shall be inspected

once each calendar year unless:

(A) on a health inspection the mobile food vendor

receives a certificate of excellence, then the mobile food vendor

shall subsequently be inspected at the frequency set for a mobile

food type I vendor; and

(B) the mobile food vendor holds a certificate of

excellence and receives a score lower than an "A" on a health

inspection, then the certificate of excellence is voided and the

mobile food vendor shall subsequently be inspected once each

calendar year; and

(3) a mobile food type III vendor shall be inspected

twice each calendar year unless:

(A) on a health inspection the mobile food vendor

receives a certificate of excellence, then the mobile food vendor

shall be inspected at the frequency set for mobile food type II

vendors; and

(B) the mobile food vendor holds a certificate of

excellence and receives a score lower than an "A" on a health

inspection, then the certificate of excellence is voided and the

mobile food vendor shall subsequently be inspected three times each

calendar year.

Sec. 437B.157. NOTICE OF LOCATION FOR INSPECTIONS. A

mobile food vendor shall make available to the department a list of

all locations at which the mobile food vendor operates. A mobile

food vendor may provide the list of locations through the mobile

food vendor's social media or on the mobile food vendor's Internet

website. If the mobile food vendor does not provide the list of

operating locations on social media or the mobile food vendor's

Internet website, the mobile food vendor shall submit to the

department in the form and manner prescribed by the department a

list of the locations at which the mobile food vendor operates.

Sec. 437B.158. REIMBURSEMENT OF INSPECTION FEE. On request

of a mobile food vendor, the department shall reimburse the mobile

food vendor the portion of the fee charged for each health

inspection required under this subchapter that was not conducted by

the department or local authority under a collaborative agreement

during the time the mobile food vendor's license was valid. The

department shall reimburse the mobile food vendor not later than

the 30th day after the date the department receives the mobile food

vendor's request.

SUBCHAPTER E. REGULATION BY LOCAL AUTHORITY

Sec. 437B.201. REGULATION BY LOCAL AUTHORITY. (a) A local

authority may regulate a license holder in accordance with this

subchapter. A local authority may:

(1) restrict the mobile food vendor from using a

noisemaking device that produces sound of more than 75 decibels

measured 23 feet from the device during specific times of day;

(2) restrict a mobile food vendor from operating in a

public park or require a special permit and payment of fees to

operate in a public park;

(3) prohibit a mobile food vendor from restricting or

blocking ingress to or egress from private property;

(4) develop a mobile food vendor metered parking pass

for a fee that authorizes a mobile food vendor to operate from

metered parking spaces for longer than otherwise allowed for

vehicles parking in the spaces;

(5) investigate reports of foodborne illnesses;

(6) report a mobile food vendor's suspected violation

of this chapter to the department and recommend the department

suspend or revoke the vendor's mobile food vending license; and

(7) cite mobile food vendors and issue penalties for

violations of local law not in conflict with this chapter.

(b) A local authority may not:

(1) prohibit or restrict a mobile food vendor from

operating in a lawful manner;

(2) address the hours of operation for a mobile food

vendor;

(3) unless the mobile food vendor seeks to operate in a

local public park, require a mobile food vendor to obtain a special

permit from the local authority in addition to a mobile food vending

license or a permit to operate as a commercial vehicle;

(4) require a mobile food vendor to pay an additional

fee to the local authority to operate on private property or require

a private property owner to submit a zoning plan to the local

authority as a condition of allowing vending on the owner's

property;

(5) require a mobile food vendor to obtain licenses,

permits, or background or criminal history record checks for the

mobile food vendor's employees;

(6) require a mobile food vendor's food vending

vehicle to submit to a fire inspection if the vendor demonstrates

that the vehicle passed a state or local fire inspection in the

preceding 12 months;

(7) restrict the time a mobile food vendor may operate

on private property in zoning districts where food service

establishments operate;

(8) require a mobile food vendor to operate a specific

distance from a commercial establishment or restaurant;

(9) require a mobile food vendor to enter into any

agreement with a commercial establishment or restaurant;

(10) regulate the equipment requirements for a food

vending vehicle;

(11) restrict a mobile food vendor 's propane capacity

below the capacity state law allows for commercial vehicles;

(12) require a mobile food vendor to associate with a

commissary;

(13) require a mobile food vendor to provide the

vendor's fingerprints;

(14) require a mobile food vendor to install a global

positioning system tracking device on its vehicle;

(15) require a mobile food vendor to stay in constant

motion except when serving customers;

(16) require a mobile food vendor to maintain an

insurance policy that names the local authority as an additional

insured unless the mobile food vendor is attending an event

sponsored by the local authority or operating in a local public

park;

(17) require a mobile food vendor to obtain a bond that

names the local authority as a beneficiary unless the mobile food

vendor is attending an event sponsored by the local authority or

operating in a local public park; or

(18) require a mobile food vendor to submit to health

inspections other than those required by the department unless the

local authority is investigating a reported foodborne illness.

SUBCHAPTER F. INVESTIGATION; ENFORCEMENT

Sec. 437B.251. INVESTIGATION. (a) The department or a

local authority may investigate a mobile food vendor on reasonable

suspicion the mobile food vendor is violating the law or on receipt

of a health or safety complaint. The department must record a

complaint in the state's mobile food vending database. The local

authority shall report suspected violations of state law to the

department and may recommend the department suspend or revoke a

mobile food vending license.

(b) The mobile food vendor shall cooperate with the

department or local authority during an investigation. Failure to

cooperate with the department or local authority may result in

suspension or revocation of a license.

(c) This chapter may not be construed to impede the

department or local authority when conducting an investigation of a

reported foodborne illness.

Sec. 437B.252. LICENSE DENIAL, SUSPENSION, OR REVOCATION.

The department may deny, suspend, or revoke a license issued under

this chapter only if:

(1) the applicant or license holder:

(A) violates this chapter, a rule adopted under

this chapter, or an order of the department;

(B) obtains a license by means of fraud,

misrepresentation, or concealment of a material fact;

(C) commits fraud or makes a misrepresentation or

false statement in connection with the sale of food or beverages

while operating as a mobile food vendor;

(D) is cited three or more times during a

12-month period for a violation of this chapter or rules adopted

under this chapter; or

(E) receives a grade of "F" during a health

inspection or a complaint made against the license holder is

sustained; or

(2) the department determines that material facts or

conditions related to the applicant or application provide

reasonable justification for the denial, suspension, or revocation

of the license.

Sec. 437B.253. NOTICE AND HEARING. (a) The department

shall provide written notice to an applicant or license holder that

the applicant's mobile food vending application has been denied or

that the license may be suspended or revoked. Not later than 14

calendar days after the date an applicant or license holder

receives notice from the department of a denial, suspension, or

revocation of a license, the applicant or license holder may

request a hearing in the form and manner prescribed by the

department.

(b) The department shall hold a hearing not later than 14

calendar days after the date the department receives a request for a

hearing from a license holder under Subsection (a). Following a

hearing under this section, the department shall promptly issue an

order that includes findings of fact and conclusions of law.

(c) The department may not suspend or revoke a license until

the department issues an order under Subsection (b) unless the

department determines that the license holder's mobile food vendor

operations pose an imminent threat to the public's health and

safety.

(d) The department shall immediately provide notice to a

license holder of a suspension or revocation of a license based on

an imminent threat to the public's health and safety. Not later than

14 calendar days after the date a license holder receives notice

from the department of a license suspension or revocation under

Subsection (c), the license holder may request a hearing in the form

and manner prescribed by the department.

(e) The department shall hold a hearing not later than seven

calendar days after the date the department receives a license

holder's request for hearing under Subsection (d). The department

shall give priority to a hearing under this subsection over all

other license denial, suspension, or revocation proceedings.

Following a hearing, the department shall promptly issue an order

that includes findings of fact and conclusions of law.

Sec. 437B.254. RIGHT TO APPEAL. Except as otherwise

provided by this section, the suspension or revocation of a license

by the department and the appeal from that action are governed by

the procedures for a contested case hearing under Chapter 2001,

Government Code.

Sec. 437B.255. ADMINISTRATIVE PENALTY. A license holder who

continues to operate after the department suspends or revokes the

license holder's license is subject to an administrative penalty in

an amount to be determined by the department.

SECTION 2. The heading to Chapter 437, Health and Safety

Code, is amended to read as follows:

CHAPTER 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD

STORES, [ MOBILE FOOD UNITS, ] AND ROADSIDE FOOD VENDORS

SECTION 3. Section 437.001(4), Health and Safety Code, is

amended to read as follows:

(4) "Food," "food service establishment," "retail food

store," [ "mobile food unit," ] "roadside food vendor," and

"temporary food service establishment" have the meanings assigned

to those terms by rules adopted under this chapter.

SECTION 4. Section 437.002, Health and Safety Code, is

amended to read as follows:

Sec. 437.002. ENFORCEMENT OF STATE LAW BY COUNTY OR PUBLIC

HEALTH DISTRICT. (a) A county or public health district may enforce

state law and rules adopted under state law concerning food service

establishments, retail food stores, [ mobile food units, ] and

roadside food vendors.

(b) This chapter does not authorize a county or public

health district to adopt orders establishing standards for the

operation of food service establishments, retail food stores,

[ mobile food units, ] or roadside food vendors.

SECTION 5. Section 437.003, Health and Safety Code, is

amended to read as follows:

Sec. 437.003. COUNTY AUTHORITY TO REQUIRE PERMIT. 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 6. Sections 437.004(a) and (d), Health and Safety

Code, are amended to read as follows:

(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.

(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.

SECTION 7. Section 437.0055(a), Health and Safety Code, is

amended to read as follows:

(a) A person may not operate a food service establishment,

retail food store, [ mobile food unit, ] or temporary food service

establishment located in an area in which a county or public health

district does not require a permit or conduct inspections under

this chapter unless the person has a permit issued by the

department.

SECTION 8. Section 437.0057(a), Health and Safety Code, is

amended to read as follows:

(a) A county, a public health district, or the department

may require certification under Subchapter D, Chapter 438, for each

food handler who is employed by a food service establishment in

which food is prepared on-site for sale to the public and which

holds a permit issued by the county, the public health district, or

the department. This section does not apply [ applies without

regard ] to a mobile food vendor who is licensed under Chapter 437B

[ whether the food service establishment is at a fixed location or is

a mobile food unit ].

SECTION 9. Sections 437.0076(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) A county or public health district may require each

fixed [ or mobile ] location retail establishment in which food is

prepared on-site for sale to the public that holds a permit issued

by the county or public health district to employ a food manager

certified under Subchapter G, Chapter 438.

(b) The executive commissioner may require each fixed [ or

mobile ] location retail establishment in which food is prepared

on-site for sale to the public that is required to be operated under

a permit under Section 437.0055 to employ a food manager certified

under Subchapter G, Chapter 438.

SECTION 10. Section 437.009, Health and Safety Code, is

amended to read as follows:

Sec. 437.009. INSPECTIONS. Authorized agents or employees

of the department, a county, or a public health district may enter

the premises of a food service establishment, retail food store,

[ mobile food unit, ] roadside food vendor, or temporary food service

establishment under the department's, county's, or district's

jurisdiction during normal operating hours to conduct inspections

to determine compliance with:

(1) state law, including a requirement to hold and

display written authorization under Section 437.021;

(2) rules adopted under state law; and

(3) orders adopted by the department, county, or

district.

SECTION 11. Section 437.0095, Health and Safety Code, is

amended to read as follows:

Sec. 437.0095. DETENTION. The commissioner or an authorized

agent may detain an article of food that is located on the premises

of a food service establishment, retail food store, [ mobile food

unit, ] roadside food vendor, or temporary food service

establishment and is adulterated or misbranded under Chapter 431.

SECTION 12. Section 437.012(f), Health and Safety Code, is

amended to read as follows:

(f) A county or public health district may, by rule or

order, adopt a variable scale to determine the fee charged for a

permit under this section. In adopting a rule or order under this

subsection, the county or public health district may consider:

(1) the size of the food service establishment, retail

food store, [ mobile food unit, ] or roadside food vendor;

(2) the number of people employed at the food service

establishment, retail food store, [ mobile food unit, ] or roadside

food vendor; and

(3) the gross sales of the food service establishment,

retail food store, [ mobile food unit, ] or roadside food vendor.

SECTION 13. Sections 437.014(a) and (c), Health and Safety

Code, are amended to read as follows:

(a) A county or public health district may refuse to issue a

permit or may suspend or revoke a permit if the county or district

finds that the food service establishment, retail food store,

[ mobile food unit, ] or roadside food vendor is not in compliance

with state law, rules adopted under state law, or orders adopted by

the county or district.

(c) A county or public health district that requires a

permit to operate a food service establishment, retail food store,

[ mobile food unit, ] or roadside food vendor shall adopt procedures

for denying, suspending, or revoking a permit that afford due

process to the applicant or permit holder.

SECTION 14. Section 437.0145, Health and Safety Code, is

amended to read as follows:

Sec. 437.0145. EMERGENCY SUSPENSION OR CLOSING ORDER. (a)

The department shall suspend the license of a food service

establishment, retail food store, [ mobile food unit, ] roadside food

vendor, or temporary food service establishment or order the

immediate closing of the food service establishment, retail food

store, [ mobile food unit, ] roadside food vendor, or temporary food

service establishment if:

(1) the department finds the food service

establishment, retail food store, [ mobile food unit, ] roadside food

vendor, or temporary food service establishment is operating in

violation of the standards prescribed by this chapter; and

(2) the violation creates an immediate threat to the

health and safety of the public.

(b) An order suspending a license or closing a food service

establishment, retail food store, [ mobile food unit, ] roadside food

vendor, or temporary food service establishment under this section

is immediately effective on the date on which the license holder

receives written notice or a later date specified in the order.

(c) An order suspending a license or ordering an immediate

closing of a food service establishment, retail food store, [ mobile

food unit, ] roadside food vendor, or temporary food service

establishment is valid for 10 days after the effective date of the

order.

SECTION 15. Section 437.015, Health and Safety Code, is

amended to read as follows:

Sec. 437.015. INJUNCTION. A city attorney, county

attorney, or district attorney may sue in district court to enjoin a

food service establishment, retail food store, [ mobile food unit, ]

or roadside food vendor from operating without a permit if a permit

is required.

SECTION 16. Section 437.016(a), Health and Safety Code, is

amended to read as follows:

(a) A person commits an offense if the person operates a

food service establishment, retail food store, [ mobile food unit, ]

or roadside food vendor without a permit required by the county or

public health district in which the entity is operating.

SECTION 17. Section 437.0165(a), Health and Safety Code, is

amended to read as follows:

(a) A person commits an offense if the person operates a

food service establishment, retail food store, [ mobile food unit, ]

or temporary food service establishment without a permit that is

required by the department under Section 437.0055.

SECTION 18. Section 437.0185(e), Health and Safety Code, is

amended to read as follows:

(e) The justice of the peace for the justice precinct in

which the retail food store or food establishment is located or the

[ mobile food establishment or ] roadside food vendor is based shall

hold a hearing requested under Subsection (d).

SECTION 19. Section 437.021, Health and Safety Code, is

amended to read as follows:

Sec. 437.021. AUTHORITY TO OPERATE ON CERTAIN PROPERTY. A

person operating a [ mobile food unit, ] roadside food vendor[ , ] or

temporary food service establishment in a county with a population

of more than 3.3 million shall acquire written authorization from

the owner of the property on which the [ unit, ] vendor[ , ] or

establishment is operating. The written authorization must:

(1) be notarized;

(2) provide that the operator has the property owner's

permission to operate the [ unit, ] vendor[ , ] or establishment on the

property; and

(3) be prominently displayed in the [ unit, ] vendor[ , ]

or establishment in plain view of the public at all times.

SECTION 20. Section 121.0035, Health and Safety Code, is

amended to read as follows:

Sec. 121.0035. REGULATION OF [ MOBILE FOOD UNITS AND ]

ROADSIDE FOOD VENDORS IN CERTAIN POPULOUS AREAS. (a) In this

section, [ "mobile food unit" and ] "roadside food vendor" has [ have ]

the meaning [ meanings ] assigned under Section 437.001.

(b) A municipality with a population of 1.5 million or more

and a county with a population of 3.4 million or more shall enforce

state law and rules adopted under state law concerning [ mobile food

units and ] roadside food vendors in the same manner that the county

or municipality enforces other health and safety regulations

relating to food service.

SECTION 21. Section 37.01(2), Penal Code, is amended to

read as follows:

(2) "Governmental record" means:

(A) anything belonging to, received by, or kept

by government for information, including a court record;

(B) anything required by law to be kept by others

for information of government;

(C) a license, certificate, permit, seal, title,

letter of patent, or similar document issued by government, by

another state, or by the United States;

(D) a standard proof of motor vehicle liability

insurance form described by Section 601.081, Transportation Code, a

certificate of an insurance company described by Section 601.083 of

that code, a document purporting to be such a form or certificate

that is not issued by an insurer authorized to write motor vehicle

liability insurance in this state, an electronic submission in a

form described by Section 502.046(i), Transportation Code, or an

evidence of financial responsibility described by Section 601.053

of that code; or

(E) an official ballot or other election record[ ;

or

[ (F) the written documentation a mobile food unit is

required to obtain under Section 437.0074, Health and Safety Code ].

SECTION 22. Section 437A.002, Health and Safety Code, is

amended to read as follows:

Sec. 437A.002. APPLICABILITY. (a) This chapter applies

only to a county:

(1) with a population of more than 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.

(b) This chapter does not apply to a mobile food vendor

licensed under Chapter 437B. Health and Safety Code.

SECTION 23. Sections 437.0073 and 437.0074, Health and

Safety Code, are repealed.

SECTION 24. (a) Chapter 437B, Health and Safety Code, as

added by this Act, applies to an ordinance, rule, regulation,

policy, or procedure adopted before, on, or after the effective

date of this Act.

(b) Not later than May 1, 2026, the executive commissioner

of the Health and Human Services Commission shall adopt the rules

required by Chapter 437B, Health and Safety Code, as added by this

Act.

(c) A mobile food vendor is not required to hold a license

under Chapter 437B, Health and Safety Code, as added by this Act,

before July 1, 2026.

SECTION 25. (a) Except as provided by Subsection (b) of this

section, this Act takes effect July 1, 2026.

(b) Section 437B.006, Health and Safety Code, as added by

this Act, takes effect September 1, 2025.