Monitoring the Session

HB 5212

Phelan’s bill banning junk fees on restaurant prices

Did not pass

Verdict: No flags

No flagsInitial review
Rep. Dade PhelanRHouse 21

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the advertising, display, and offer of prices for prepared food.

Caption from analyzed text · version I.

Summary

The full price, in a clear, readable font.

The bill bars anyone who sells prepared food from advertising, displaying, or offering a price that leaves out mandatory fees, the seller's own charges, or government taxes and fees. It covers restaurants and other prepared-food sellers and requires the full price to appear in a clear, readable font. Consumers can sue for an injunction, damages capped at the lesser of actual damages or $1,000, and attorney's fees, and the attorney general can also sue for injunctions, restitution, and fees, starting with prices posted on or after September 1, 2025.

Labels

Labels: ACROSS THE AISLE. Joint authors: 2 Republicans, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.STALLED AFTER COMMITTEE. Voted out of the House Trade, Workforce & Economic Development committee 10-0 on May 7, 2025. Placed on the General State Calendar on May 15, 2025. The bill died.

Receipt

The receipt

89R-HB5212 · 2025-03-14

SOLD BY

ITEM

relating to the advertising, display, and offer of prices for prepared food.

WHAT IT DOES

The full price, in a clear, readable font.

The bill bars anyone who sells prepared food from advertising, displaying, or offering a price that leaves out mandatory fees, the seller's own charges, or government taxes and fees. It covers restaurants and other prepared-food sellers and requires the full price to appear in a clear, readable font. Consumers can sue for an injunction, damages capped at the lesser of actual damages or $1,000, and attorney's fees, and the attorney general can also sue for injunctions, restitution, and fees, starting with prices posted on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Trade, Workforce & Economic Development
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Committee substitute considered in committee
  7. Testimony taken/registration(s) recorded in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Committee substitute considered in committee
  11. Reported favorably as substituted
  12. Comte report filed with Committee Coordinator
  13. Committee report distributed
  14. Committee report sent to Calendars
  15. Considered in Calendars
  16. Placed on General State Calendar
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Tyson D. Faust$75,000Tama Lundquist$75,000JLN III Holdings LLC$50K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Tyson D. Faust$75,000.00
Tama Lundquist$75,000.00
JLN III Holdings LLC$50,000.00

JLN III Holdings LLC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Oct 8, 2024 to Dec 2, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 11, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987524.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

JLN III Holdings LLC

$50,000.00

Cash
$50,000.00
Paid by others
$0.00
Total
$50,000.00

Also funds 2 other sitting lawmakers.

Derived recipient stock · Oct 8, 2024 to Dec 2, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Oct 11, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100987524.

Votes

No floor vote loaded for this bill.

Witnesses1
For
1
Against
0
On
0
Names

For

  • Self1 registration
Sources

1 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 10, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 14, 2025

05/15/2025 H Placed on General State Calendar

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Trade, Workforce & Economic Development · Committee vote 10 aye, 0 nay, 1 absent · Out of committee

Subjects

Business & Commerce--General

Civil Remedies & Liabilities

Consumer Protection

ADVERTISING

FOOD

ATTORNEY GENERAL

Text

The text as introduced · 302 words

89R7932 MLH-D

By: Phelan
H.B. No. 5212

A BILL TO BE ENTITLED

AN ACT

relating to the advertising, display, and offer of prices for

prepared food.

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

SECTION 1. Subchapter B, Chapter 17, Business & Commerce

Code, is amended by adding Section 17.13 to read as follows:

Sec. 17.13. DECEPTIVE FOOD PRICE ADVERTISING. (a) A person

who sells prepared food may not advertise, display, or offer a price

for prepared food in a manner that does not indicate the full price

to be paid by the consumer including:

(1) any mandatory fees or charges the person imposes;

and

(2) any taxes or fees imposed by a governmental

entity.

(b) A person shall ensure that the full price for prepared

food described by Subsection (a) is clearly and conspicuously

displayed in a standard font type and size that is reasonably easy

for a consumer to read.

(c) A consumer may bring a cause of action for a violation of

this section seeking:

(1) an injunction against further violation of this

section;

(2) damages in an amount equal to the lesser of:

(A) actual damages incurred by the person

bringing the cause of action; or

(B) $1,000; and

(3) reasonable attorney's fees.

(d) The attorney general may seek:

(1) to enjoin violations of this section; and

(2) damages and other relief allowed by law, including

restitution available under applicable law.

(e) In an action brought by the attorney general under

Subsection (d), the attorney general is entitled to seek reasonable

attorney's fees and costs.

SECTION 2. The change in law made by this Act applies only

to the advertising, display, or offer of prepared food made on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.