HB2156 - Relating to state and local authority to regulate the food service industry.

  89R20749 SRA-F     By: Harris H.B. No. 2156     Substitute the following for H.B. No. 2156:     By:  Metcalf C.S.H.B. No. 2156       A BILL TO BE ENTITLED   AN ACT   relating to state and local authority to regulate the food service   industry.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 102A, Civil Practice and Remedies Code,   is amended by adding Section 102A.0015 to read as follows:           Sec.   102A.0015.     APPLICABILITY. In this chapter, a   reference to a municipality or county includes a public health   district created by one or more municipalities or counties.          SECTION 2.  Section 102A.002, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 102A.002.  LIABILITY FOR CERTAIN REGULATION. Any   person who has sustained an injury in fact, actual or threatened,   from a municipal or county ordinance, order, or rule adopted or   enforced by a municipality or county in violation of any of the   following provisions or a trade association representing the person   has standing to bring and may bring an action against the   municipality or county:                (1)  Section 1.004, Agriculture Code;                (2)  Section 1.109, Business & Commerce Code;                (3)  Section 1.004, Finance Code;                 (3-a)     Chapter 437, 437A, or 438, Health and Safety   Code;                (4)  Section 30.005, Insurance Code;                (5)  Section 1.005, Labor Code;                (6)  Section 229.901, Local Government Code;                (7)  Section 1.003, Natural Resources Code;                (8)  Section 1.004, Occupations Code; or                (9)  Section 1.004, Property Code.          SECTION 3.  Section 437.003, Health and Safety Code, is   amended to read as follows:          Sec. 437.003.  COUNTY AUTHORITY TO REQUIRE PERMIT. Subject   to Section 437.0045, to [ To ] enforce state law and rules adopted   under state law, the commissioners court of a county by order may   require food service establishments, retail food stores, mobile   food units, and roadside food vendors in unincorporated areas of   the county, including areas in the extraterritorial jurisdiction of   a municipality, to obtain a permit from the county.          SECTION 4.  Sections 437.004(a), (c), and (d), Health and   Safety Code, are amended to read as follows:          (a)   Subject to Section 437.0045, a [ A ] public health   district that is established by at least one county and one or more   municipalities in the county by order may require food service   establishments, retail food stores, mobile food units, and roadside   food vendors in the district to obtain a permit from the district.          (c)  If the district does not have an administrative board,   the governing body of each member of the district must adopt the   order. Subject to Section 437.009(b), the [ The ] order is effective   throughout the public health district on the 30th day after the   first date on which the governing bodies of all members have adopted   the order.          (d)  This chapter does not restrict the authority of a   municipality that is a member of a public health district to adopt   ordinances or administer a permit system concerning food service   establishments, retail food stores, mobile food units, and roadside   food vendors , to the extent those ordinances or that system does not   conflict with a provision of state law .          SECTION 5.  Chapter 437, Health and Safety Code, is amended   by adding Section 437.0045 to read as follows:           Sec.   437.0045.     LOCAL PERMIT REQUIREMENT LIMITATION.   Notwithstanding any other law, a county, municipality, or public   health district, including an authorized agent, employee, or   department, may only require a permit, license, certification, or   other form of authority if the permit, license, certification, or   other form of authority would be required of the food service   establishment, retail food store, mobile food unit, roadside food   vendor, or temporary food service establishment or an employee of   any of those entities if the entity or person was located within the   department's jurisdiction.          SECTION 6.  Section 437.0091, Health and Safety Code, is   amended to read as follows:          Sec. 437.0091.   LOCAL [ MUNICIPAL ] ORDINANCE AND FEE SCHEDULE     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 fee schedules submitted   under Section 437.0124(b).   The department shall [ and ] post in the   registry each submitted ordinance or fee schedule not later than   the 10th day after the date the department receives the ordinance or   fee schedule .          SECTION 7.  Section 437.01235, Health and Safety Code, is   amended to read as follows:          Sec. 437.01235.  FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE   PERMIT OR LICENSE. Notwithstanding any other law, a [ A ] county ,  [ or   a ] municipality , or public health district, including an authorized   agent, employee, or department, [ 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, if the premises is a food   service establishment, retail food store, mobile food unit,   roadside food vendor, or temporary food service establishment that   has already paid a fee to operate to the department or to any   county, municipality, or public health district  [ for issuance of an   alcoholic beverage permit or license for the premises ].          SECTION 8.  Section 437.0124, Health and Safety Code, is   amended to read as follows:          Sec. 437.0124.  COUNTY , MUNICIPALITY, AND PUBLIC HEALTH   DISTRICT FEE SCHEDULE.   (a)  A county , municipality, or public   health district shall establish a fee schedule for any fees   collected under this chapter and revise the fee schedule as   necessary.           (b)     A county, municipality, or public health district shall   submit a copy of the fee schedule to the department for inclusion in   the registry established under Section 437.0091 not later than the   60th day before the date the fee schedule goes into effect.          SECTION 9.  Chapter 437, Health and Safety Code, is amended   by adding Sections 437.0126, 437.0127, 437.029, and 437.030 to read   as follows:           Sec.   437.0126.     LOCAL FEE LIMITATION. (a)   Notwithstanding   any other law and except as provided by Subsections (c) and (d), a   county, municipality, or public health district, including an   authorized agent, employee, or department, may not charge a food   service establishment, retail food store, mobile food unit,   roadside food vendor, or temporary food service establishment or an   employee of any of those entities a fee, including any processing   fees or added costs, that exceeds the fee the food service   establishment, retail food store, mobile food unit, roadside food   vendor, temporary food service establishment, or employee would pay   to the department if the entity or employee were located within the   department's jurisdiction.           (b)     A county, municipality, or public health district,   including an authorized agent, employee, or department, may   calculate and assess fees in accordance with Subsection (a):                 (1)  on an annual or biennial basis; and                   (2)  using a risk-based assessment.           (c)     A county, municipality, or public health district,   including an authorized agent, employee, or department, may assess   a reinspection fee if:                 (1)     the reinspection is necessary to cure a violation   that presents a direct and significant risk to public health;                 (2)     the reinspection fee does not exceed the lesser of   the cost of an initial inspection or $200; and                 (3)     not more than one reinspection fee is charged   within 60 days of the previous inspection, unless the entity on   which the fee is imposed failed to make reasonable efforts to   correct the violation.           (d)     A county, municipality, or public health district may   charge a food service establishment, retail food store, mobile food   unit, roadside food vendor, or temporary food service establishment   up to 120 percent of the total fees authorized under Subsection (a)   if the county, municipality, or public health district determines   that the increased fee is necessary to protect public safety and   maintain adequate food safety staffing levels in the county,   municipality, or district.   Before imposing the increased fees   under this subsection, a county, municipality, or public health   district shall hold at least one annual public meeting or hearing to   demonstrate compliance with this subsection.   This subsection   applies only to:                 (1)  a county with a population of 2.5 million or more;                 (2)     a municipality with a population of 950,000 or   more; or                 (3)     a public health district that regulates a county   or municipality described by Subdivision (1) or (2).           (e)     This section does not prohibit a county, municipality,   or public health district, including an authorized agent, employee,   or department, from charging a fee that is necessary for the county,   municipality, or public health district to comply with an active,   legally binding federal consent decree, enforcement order, or   administrative agreement mandating food service compliance   inspections. Before imposing a fee under this subsection, a county,   municipality, or public health district shall hold at least one   annual public meeting or hearing to demonstrate that the fee is   limited to the amount necessary to comply with a decree, order, or   agreement.           Sec.   437.0127.     STAKEHOLDER NOTICE. (a)   A county,   municipality, or public health district that charges fees, requires   permits, or conducts inspections under this chapter shall provide   an opportunity for stakeholders to sign up for e-mail updates from   the entity.           (b)     At least 60 days before a fee, permit, or inspection   protocol or procedure is revised, the county, municipality, or   public health district shall notify by e-mail all stakeholders who   have signed up for e-mail updates under this section.           Sec.   437.029.     SOUND REGULATIONS. (a)   Notwithstanding any   other law, the department, a county, a municipality, or a public   health district, including an authorized agent, employee, or   department, may not require a food service establishment to obtain   a sound regulation permit, charge a sound regulation fee to an   establishment, or otherwise prohibit sound-related activity at an   establishment if the establishment:              &# [Text truncated for display. Full text available on Congress.gov.]