Bill Text: TX HB4346 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the regulation of off-site restaurant services; authorizing a permit; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Health & Human Services [HB4346 Detail]
Download: Texas-2019-HB4346-Engrossed.html
86R30826 KKR-D | ||
By: Lozano | H.B. No. 4346 |
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relating to the regulation of off-site restaurant services; | ||
authorizing a permit; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 437, Health and Safety Code, is amended | ||
by adding Section 437.022 to read as follows: | ||
Sec. 437.022. OFF-SITE RESTAURANT SERVICES. (a) In this | ||
section: | ||
(1) "Catering services" means the preparation and | ||
transport of food by an off-site restaurant service operator for | ||
consumption at a location other than the premises of the food | ||
service establishment of the operator. | ||
(2) "Off-site restaurant service broker" means a | ||
person who contracts with an off-site restaurant service operator | ||
for the operator to provide off-site restaurant services. | ||
(3) "Off-site restaurant service operator" means a | ||
food service establishment that provides off-site restaurant | ||
services. | ||
(4) "Off-site restaurant services" means the | ||
preparation and transport of meals by an off-site restaurant | ||
service operator for service, assembly, individual sale, and | ||
consumption at a location other than the premises of the food | ||
service establishment of the operator. | ||
(b) An off-site restaurant service operator may provide | ||
off-site restaurant services directly or may provide the services | ||
under a contract with an off-site restaurant service broker. | ||
(c) The executive commissioner shall adopt rules necessary | ||
to implement this section. The rules must require an off-site | ||
restaurant service operator to: | ||
(1) provide off-site restaurant services only at a | ||
location that: | ||
(A) is in or adjacent to a commercial building; | ||
and | ||
(B) provides access to toilets, urinals, a mop | ||
sink, and a portable or plumbed handwashing sink for customers and | ||
employees; | ||
(2) prepare all food on the premises of the operator | ||
and transport the food to the off-site location; | ||
(3) provide off-site restaurant services for not more | ||
than two and one-half hours in any twelve-hour period; | ||
(4) provide utensils, linens, and other supplies | ||
necessary to ensure that food is protected and work spaces are kept | ||
clean; and | ||
(5) ensure that food provided by the operator is | ||
properly time or temperature controlled at the off-site location | ||
and time or temperature readings of the food are recorded. | ||
(d) A home-rule municipality may not adopt or enforce a | ||
requirement relating to the provision of off-site restaurant | ||
services that is more stringent than a requirement prescribed by | ||
the executive commissioner under Subsection (c) or that relates to | ||
an issue not specifically addressed in rules adopted in accordance | ||
with that subsection. | ||
(e) The department or a municipality, county, or public | ||
health district may only require an off-site restaurant service | ||
operator that is providing off-site restaurant services to obtain | ||
as an additional permit under this chapter the type of permit the | ||
operator is required to obtain to provide catering services under | ||
this chapter in the jurisdiction. | ||
(f) The department or a municipality, county, or public | ||
health district may not require an off-site restaurant service | ||
broker to obtain a food service establishment permit under this | ||
chapter to contract for the provision of off-site restaurant | ||
services under this section. | ||
(g) A home-rule municipality may: | ||
(1) require a person who owns, operates, or otherwise | ||
exercises control over a location at which off-site restaurant | ||
services are provided to obtain a permit before the services are | ||
provided at the location; and | ||
(2) charge a reasonable fee for the permit. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt the rules required by Section | ||
437.022, Health and Safety Code, as added by this Act. | ||
SECTION 3. The change in law made by this Act applies only | ||
to off-site restaurant services provided on or after January 1, | ||
2020. Off-site restaurant services provided before that date are | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. |