HB2683 - Relating to the regulation of mobile food vendors; requiring an occupational license; imposing fees; authorizing an administrative penalty.

      By: Harrison H.B. No. 2683       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of mobile food vendors; requiring an   occupational license; imposing fees; authorizing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 6, Health & Safety Code, is   amended by adding Chapter 437B to read as follows:   CHAPTER 437B. MOBILE FOOD VENDORS   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   437B.001.     This chapter may be cited as the Mobile Food   Vendor Freedom Act.           Sec.   437B.002.     PURPOSES. The purposes of this chapter are   to:                 (1)  legalize mobile food vending across the state;                 (2)     promote agriculture and expand economic   development;                 (3)     foster opportunities for small businesses and   stimulate innovation;                 (4)  increase consumer access to desired local foods;                 (5)     simplify and standardize mobile food vending   regulations; and                 (6)     protect public health and safety by ensuring   mobile food vendors follow clear, narrowly tailored regulations   that address demonstrable health and safety risks.           Sec. 437B.003.  DEFINITIONS. In this chapter:                 (1)     "Applicant" means a person who applies to the   department to receive a license to operate as a mobile food vendor.                 (2)     "Food vending vehicle" means any motorized vehicle   a mobile food vendor uses to sell food and beverages.                 (3)     "License holder" means a person who holds a mobile   food vending license issued under this chapter.                 (4)     "Local authority" means a municipality, county,   public health authority, special purpose district or authority, or   any other political subdivision of this state.                 (5)     "Mobile food vendor" means any person who   dispenses food or beverages from a food vending vehicle for   immediate service or consumption.                 (6)     "Prepackaged food" means any commercially labeled   and processed food that is prepackaged to prevent direct human   contact with the food product on distribution from the   manufacturer, food facility, or other approved source.                 (7)     "Public property" means real property owned by a   governmental entity and includes all rights-of-way other than   public sidewalks and rights-of-way in public parks.           Sec.   437B.004.     CONSTRUCTION. This chapter may not be   construed to require a local authority to enter into a   collaborative agreement with the department to conduct health   inspections, adopt a program regulating mobile food vendors, or   modify a local authority's existing program regulating mobile food   vendors, provided the local authority's regulations do not conflict   with this chapter.           Sec.   437B.005.     PREEMPTION. This chapter preempts a local   authority's power to prohibit or regulate mobile food vending in a   manner that conflicts with this chapter.           Sec.   437B.006.     RULES. The executive commissioner may adopt   rules to implement this chapter. The rules must be narrowly   tailored to address a demonstrable health or safety risk and may   not:                (1)   limit the number of mobile food vending licenses   the department may issue;                (2)   address the hours of operation for mobile food   vendors;                (3)   restrict a mobile food vendor's propane capacity   below the capacity state law allows for commercial vehicles; or                 (4)  require a mobile food vendor to:                       (A)     operate a specific distance from the   perimeter of a commercial establishment or restaurant;                       (B)     obtain a license or permit for or perform a   background or criminal history record check on the mobile food   vendor's employees;                       (C)     enter into any agreement with a commercial   establishment or restaurant in order to operate;                       (D)     have a handwashing sink in the vehicle of a   mobile food vendor who sells only prepackaged food;                       (E)     associate with a commissary if the mobile   food vendor's food vending vehicle carries the equipment necessary   to comply with state law;                       (F)     obtain any additional permits from a local   authority, unless the mobile food vendor seeks to operate in a   public park governed by the local authority;                       (G)     provide the vendor's fingerprints as a   condition of holding a mobile food vending license;                       (H)     install a global positioning system tracking   device on the mobile food vendor's food vending vehicle;                       (I)     keep the mobile food vendor's food vending   vehicle in constant motion except when serving customers;                       (J)     maintain insurance that names a local   authority as an additional insured unless the mobile food vendor is   attending an event sponsored by the local authority or operating in   a local public park;                       (K)     obtain a bond that names a local authority as   a beneficiary unless the mobile food vendor is attending an event   sponsored by the local authority or operating in a local public   park;                       (L)     submit the vendor's food vending vehicle to   an additional fire inspection if the vendor demonstrates that the   vehicle passed a state or local fire inspection within the   preceding 12 months; or                       (M)     submit to health inspections other than an   inspection conducted by the department or a local authority under a   collaborative agreement unless the department is investigating a   reported foodborne illness.   SUBCHAPTER B. LICENSE           Sec.   437B.051.     LICENSE REQUIRED. (a) A person may not   operate as a mobile food vendor in this state without obtaining a   mobile food vending license from the department. A separate mobile   food vending license is required for each food vending vehicle   operated by a mobile food vendor.           (b)     A local authority may not prohibit from operating in its   jurisdiction a mobile food vendor that holds a mobile food vending   license and complies with all other state and local laws not in   conflict with this chapter.           Sec.   437B.052.     FORM OF APPLICATION. The department shall   prescribe a written application for a mobile food vending license.   The department shall make the mobile food vending license   application available to applicants in person and on the   department's Internet website.           Sec.   437B.053.     APPLICATION REQUIREMENTS. (a) An applicant   for a license under this subchapter must submit an application to   the department on the form prescribed by the department. The   application must contain:                (1)   the applicant's name, address, and telephone   number;                 (2)     the name, address, and telephone number of any   associated entity or organization the applicant is representing and   copies of documents verifying that relationship;                 (3)     the applicant's primary residences and business   addresses during the 12 months preceding the date of the   application;                (4)   the nature of the food or beverages the applicant   will sell for the purpose of the department establishing the   applicant's food type classification;                (5)   a statement of whether the applicant has   previously been denied a mobile food vending license or has had a   mobile food vending license suspended or revoked in another state   or local jurisdiction and the reasons for any denial, suspension,   or revocation; and                (6)   for each food vending vehicle the applicant is   applying for a license to operate:                      (A)   the vehicle license number, description,   identification number, and registration;                       (B)  proof of vehicle insurance; and                       (C)     a copy or proof of any additional licenses or   permits required by this state for commercial vehicles.           (b)     An applicant must attest under oath the information   submitted under Subsection (a).           (c)     The department may require an applicant to submit   additional information.           (d)     An applicant may submit one application for all food   vending vehicles that require a license under this subchapter.           (e)     An applicant's failure to submit a complete application   may result in denial of a license.           (f)     A person may not intentionally provide false   information or intentionally omit requested information on an   application for a license.           Sec.   437B.054.     HEALTH INSPECTION. (a) Not later than the   14th day after the date the department receives a complete license   application, the department or a governmental entity acting under a   collaborative agreement as provided by Subchapter D, shall conduct   a health inspection of each of the applicant's food vending   vehicles listed on the application. The department may not issue a   mobile food vending license to an applicant whose food vending   vehicle does not pass a health inspection.           (b)  The department shall ensure that:                 (1)     an applicant's food vending vehicle is safe for   preparing, handling, and selling food; and                (2)   an applicant is in compliance with all applicable   laws and the rules adopted under those laws. &#xA0 [Text truncated for display. Full text available on Congress.gov.]