Bill Text: TX HB2878 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the operation in certain counties of mobile food service establishments in more than one municipality within the county.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2878 Detail]
Download: Texas-2023-HB2878-Enrolled.html
| H.B. No. 2878 | ||
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| relating to the operation in certain counties of mobile food | ||
| service establishments in more than one municipality within the | ||
| county. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 437A to read as follows: | ||
| CHAPTER 437A. MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN | ||
| CERTAIN COUNTIES IN MORE THAN ONE MUNICIPALITY | ||
| Sec. 437A.001. DEFINITIONS. In this chapter: | ||
| (1) "Food," "mobile food unit," and "roadside food | ||
| vendor" have the meanings assigned by rules adopted under Chapter | ||
| 437. | ||
| (2) "Mobile food service establishment" means one or | ||
| more mobile food units or roadside food vendors operating from a | ||
| single preparation facility under the managerial authority of a | ||
| single permit or license holder. | ||
| Sec. 437A.002. APPLICABILITY. This chapter applies only to | ||
| a county: | ||
| (1) with a population of more than 2.1 million; and | ||
| (2) in which is located partly or wholly: | ||
| (A) an airport operating under Subchapter D, | ||
| Chapter 22, Transportation Code; and | ||
| (B) an airport owned by the principal | ||
| municipality in the county that does not offer commercial air | ||
| service. | ||
| Sec. 437A.003. COUNTY PERMIT REQUIRED. (a) | ||
| Notwithstanding any other law, a mobile food service establishment | ||
| may not operate in a county to which this chapter applies unless the | ||
| establishment obtains a permit from the county. | ||
| (b) A permit issued by a county under this chapter must | ||
| authorize a mobile food service establishment to operate in any | ||
| municipality located in the county. | ||
| (c) A permit issued by a county under this chapter is | ||
| considered a permit issued by a county under Chapter 437 for | ||
| purposes of that chapter. | ||
| Sec. 437A.004. COUNTY RESPONSE TO PERMIT APPLICATION. A | ||
| county shall approve or deny a mobile food service establishment's | ||
| application for a permit to operate in the county not later than the | ||
| third business day after the date the county receives the | ||
| application and all information necessary for the county to | ||
| consider the application. | ||
| Sec. 437A.005. REFUSAL TO ISSUE PERMIT. (a) A county may | ||
| refuse to issue a permit for a mobile food service establishment to | ||
| operate in the county if the establishment is not in good standing | ||
| in another jurisdiction or if the county has previously imposed on | ||
| the establishment a citation or fine that raises public health and | ||
| safety concerns. | ||
| (b) If a county refuses to issue a permit authorizing a | ||
| mobile food service establishment to operate in the county, the | ||
| county shall provide the establishment with written notice | ||
| regarding the basis for the county's refusal and advise the | ||
| establishment of any remedial actions the establishment may take to | ||
| become eligible for a permit. | ||
| Sec. 437A.006. INSPECTION BY COUNTY. (a) A mobile food | ||
| service establishment is subject to periodic and unannounced | ||
| inspections by the county that issues the permit to operate in the | ||
| county under this chapter. | ||
| (b) A mobile food service establishment shall allow the | ||
| county access to the establishment for an inspection. | ||
| (c) If an inspection by the county determines a mobile food | ||
| service establishment committed a violation, the county may issue a | ||
| fine to the establishment or suspend the establishment's permit. | ||
| Sec. 437A.007. PERMIT RENEWAL; NOTICE. A mobile food | ||
| service establishment annually shall renew the establishment's | ||
| permit under this chapter. | ||
| Sec. 437A.008. RULES. The executive commissioner may adopt | ||
| the rules necessary to implement this chapter. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2878 was passed by the House on May 2, | ||
| 2023, by the following vote: Yeas 142, Nays 2, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2878 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
