HB 5459

small farm businesses buy one temporary food permit, max

Did not pass

Verdict: No flags

No flagsInitial review

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 food service establishment, temporary food service establishment, and retail food store permits for certain small-scale businesses.

Caption from analyzed text · version I.

Summary

A state food manufacturer license covers the rest.

The bill stops the state health department, counties, and public health districts from making small farm and food businesses buy more than one temporary food service permit. It also says these businesses need no food service, temporary food service, or retail food store permit at all if they already hold a state food manufacturer license. It covers farmers and food producers with less than $1.5 million in yearly gross revenue, and it takes effect September 1, 2025.

Labels

Labels: STALLED AFTER COMMITTEE. Voted out of the House Public Health committee 9-2 on May 1, 2025. Placed on the General State Calendar on May 14, 2025. The bill died.

Receipt

The receipt

89R-HB5459 · 2025-03-14

SOLD BY

Rep. Terry M. WilsonRHouse 20

ITEM

relating to food service establishment, temporary food service establishment, and retail food store permits for certain small-scale businesses.

WHAT IT DOES

A state food manufacturer license covers the rest.

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 9, 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

Mar 14, 2025Filed
Apr 7, 2025Read first time
Apr 7, 2025Referred to Public Health
Apr 28, 2025Scheduled for public hearing on . . .
Apr 28, 2025Considered in public hearing
Apr 28, 2025Committee substitute considered in committee
Apr 28, 2025Testimony taken/registration(s) recorded in committee
Apr 28, 2025Left pending in committee
May 1, 2025Considered in formal meeting
May 1, 2025Committee substitute considered in committee
May 1, 2025Reported favorably as substituted
May 10, 2025Comte report filed with Committee Coordinator
May 10, 2025Committee report distributed
May 10, 2025Committee report sent to Calendars
May 12, 2025Considered in Calendars
May 14, 2025Placed on General State Calendar

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Terry M. Wilson

Donors

Texans for Lawsuit Reform PAC$414K Texas Conservative Majority PAC$231KKenneth Mongold$25,000

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 · Oct 29, 2024 to Oct 23, 2026. 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.

Texans for Lawsuit Reform PAC$413,658.18

Texans for Lawsuit Reform PAC

$413,658.18

Cash: $35,000.00
Paid by others: $378,658.18
Total: $413,658.18

mail $190,451.68advertising $178,456.50polling $8,750.00Other filed descriptions $1,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. 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: 101007854, 101030352, 101067580, 101071564.

Texas Conservative Majority PAC$231,075.00

Texas Conservative Majority PAC

$231,075.00

Cash: $50,000.00
Paid by others: $181,075.00
Total: $231,075.00

canvassing $157,125.00polling $23,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Aug 25, 2026 to Oct 18, 2026. 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: 101067580, 101071564.

Kenneth Mongold$25,000.00

Money

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

Texans for Lawsuit Reform PAC

$413,658.18

Cash: $35,000.00
Paid by others: $378,658.18
Total: $413,658.18

mail $190,451.68advertising $178,456.50polling $8,750.00Other filed descriptions $1,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Oct 20, 2026. 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: 101007854, 101030352, 101067580, 101071564.

Texas Conservative Majority PAC

$231,075.00

Cash: $50,000.00
Paid by others: $181,075.00
Total: $231,075.00

canvassing $157,125.00polling $23,950.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Aug 25, 2026 to Oct 18, 2026. 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: 101067580, 101071564.

Votes

No floor vote loaded for this bill.

Witnesses10

For: 8
Against: 1
On: 1

Names

For

Make Texans Healthy Again1 registration
National Federation of Independent Business1 registration
Self3 registrations
Self; Chef Collaboratives Inc1 registration
Self; Farm and Ranch Freedom Alliance1 registration
Self; Texas Eagle Forum1 registration

Against

Self1 registration

On

Department of State Health Services1 registration

Sources

10 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 9, 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

05/14/2025 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 · Public Health · Committee vote 9 aye, 2 nay, 2 absent · Out of committee

Subjects

Business & Commerce--Small Business & Minority Business

City Government--General

County Government--General

Health--General

Safety

FOOD

PERMITS

RESTAURANTS

STATE HEALTH SERVICES, DEPARTMENT OF

Text

The text as introduced · 187 words

89R15936 KRM-F

By: Wilson
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 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 BUSINESS PERMIT EXEMPTIONS. (a)

In this section:

(1) "Food producer" has the meaning assigned by

Section 437.020.

(2) "Small-scale business" means a legal entity

established by a farmer or food producer with less than $1.5 million

in annual gross revenue.

(b) The department, a county, or a public health district

may not require a small-scale business to:

(1) obtain, or pay a permitting fee for, more than one

permit to operate a temporary food service establishment; or

(2) obtain a permit or pay a permitting fee to operate

a food service establishment, temporary food service

establishment, or retail food store, if the business is licensed as

a food manufacturer under Subchapter J, Chapter 431.

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