Bill Text: TX HB1247 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to regulation of food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments, and food managers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-05-09 - Comm. report sent to Local & Consent Calendar [HB1247 Detail]
Download: Texas-2023-HB1247-Comm_Sub.html
88R25106 SRA-F | |||
By: Harris of Anderson, et al. | H.B. No. 1247 | ||
Substitute the following for H.B. No. 1247: | |||
By: Tinderholt | C.S.H.B. No. 1247 |
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relating to regulation of food service establishments, retail food | ||
stores, mobile food units, roadside food vendors, temporary food | ||
service establishments, and food managers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 437, Health and Safety Code, is amended | ||
by amending Section 437.009 and adding Sections 437.0091, | ||
437.01235, and 437.027 to read as follows: | ||
Sec. 437.009. INSPECTIONS; INSPECTION FOLLOWING ADOPTION | ||
OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION. (a) | ||
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. | ||
(b) A municipality or public health district of which the | ||
municipality is a member may not conduct an inspection to determine | ||
compliance with an ordinance the municipality adopts that differs | ||
from state law or department rules or orders before the 60th day | ||
following the date the municipality or district submits a copy of | ||
the ordinance to the department for inclusion in the registry | ||
established under Section 437.0091. | ||
(c) Notwithstanding any other law, the department, a | ||
county, a municipality, or a public health district, including an | ||
authorized agent or employee, that conducts an inspection | ||
authorized under this section may not take disciplinary action | ||
against or otherwise penalize a food service establishment, retail | ||
food store, mobile food unit, roadside food vendor, or temporary | ||
food service establishment for failing to adhere to easily | ||
cleanable surface requirements for wall and ceiling surfaces, | ||
decorative items, or attachments in a consumer area, provided the | ||
surfaces, items, or attachments are kept clean. For purposes of | ||
this subsection, a consumer area includes a dining room, outdoor | ||
dining area, or bar seating area in which customers consume food but | ||
does not include a table, bar top, or other similar surface where | ||
food is regularly prepared or consumed. | ||
Sec. 437.0091. MUNICIPAL ORDINANCE 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 post in the registry each submitted | ||
ordinance not later than the 10th day after the date the department | ||
receives the ordinance. | ||
Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE | ||
PERMIT OR LICENSE. A county or a municipality 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. | ||
Sec. 437.027. 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 the establishment a sound | ||
regulation fee, or otherwise prohibit sound-related activity at the | ||
establishment if the establishment: | ||
(1) accepts delivery of supplies only for one hour or | ||
less between 5 a.m. and 11 p.m. and delivery of only food, water, or | ||
ice after 11 p.m., provided the delivery sound level when measured | ||
from the residential property closest in proximity to the | ||
establishment does not exceed 75 dBA, excluding traffic and other | ||
background noise reasonably excluded; or | ||
(2) 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 when measured at | ||
the establishment's property perimeter does not exceed 70 dBA or | ||
75 dBC, excluding traffic and other background noise reasonably | ||
excluded. | ||
(b) Subsection (a)(2) does not apply to a food service | ||
establishment on property that is within 100 feet of a residence | ||
that was occupied before any 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 on sound level | ||
under 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 2. Subchapter G, Chapter 438, Health and Safety | ||
Code, is amended by adding Section 438.1055 to read as follows: | ||
Sec. 438.1055. PROHIBITED REQUIREMENT OF LOCAL FOOD MANAGER | ||
CARD OR LOCAL FEE. 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 or charge a fee for | ||
issuance of the certificate under this subchapter. | ||
SECTION 3. (a) As soon as practicable after the effective | ||
date of this Act, the Department of State Health Services shall | ||
establish the registry required under Section 437.0091, Health and | ||
Safety Code, as added by this Act. | ||
(b) The changes in law made by this Act apply only to an | ||
inspection conducted or order or ordinance issued on or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. |