Bill Text: TX SB577 | 2023-2024 | 88th Legislature | Enrolled
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: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-05-27 - Effective on 9/1/23 [SB577 Detail]
Download: Texas-2023-SB577-Enrolled.html
| S.B. No. 577 | ||
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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. PROHIBITED RESTRICTIONS ON PACKAGING, | ||
| UTENSILS, AND STRAWS. Notwithstanding any other law, the | ||
| department, a county, a municipality, or a public health district | ||
| may not restrict the type or quantity of packaging, utensils, or | ||
| straws a food service establishment, retail food store, mobile food | ||
| unit, roadside food vendor, or temporary food service establishment | ||
| provides to customers. | ||
| 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 issued on or after the effective date | ||
| of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 577 passed the Senate on | ||
| April 27, 2023, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 577 passed the House on | ||
| May 12, 2023, by the following vote: Yeas 137, Nays 3, | ||
| two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
