HB2844 - Relating to the regulation of food service establishments, including retail food stores and mobile food vendors; requiring an occupational license; imposing fees; authorizing an administrative penalty.

      H.B. No. 2844         AN ACT   relating to the regulation of food service establishments,   including retail food stores and 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.  Chapter 437, Health and Safety Code, is amended   by adding Section 437.0063 to read as follows:           Sec.   437.0063.     SMALL-SCALE FOOD BUSINESS PERMIT   EXEMPTIONS.   (a)   In this section:                 (1)     "Food producer" has the meaning assigned by   Section 437.020.                 (2)     "Small-scale food business" means a legal entity   established by a farmer or food producer with less than $1.5 million   in annual gross revenue.   The term includes a sole proprietorship,   organization, association, corporation, partnership, joint   venture, limited partnership, limited liability partnership, or   limited liability company.           (b)     A county, municipality, or public health district may   not require a small-scale food business or an employee of a   small-scale food business to obtain a permit or pay a permitting fee   to operate a food service establishment, temporary food service   establishment, retail food establishment, temporary retail food   establishment, or retail food store if the business:                 (1)     holds a permit issued by the department for that   purpose; or                 (2)     is licensed as a food manufacturer under   Subchapter J, Chapter 431.           (c)     This section preempts a county's, municipality's, or   public health district's authority to regulate a small-scale food   business in a manner that conflicts with this section.          SECTION 2.  Subtitle A, Title 6, Health and Safety Code, is   amended by adding Chapter 437B to read as follows:   CHAPTER 437B. MOBILE FOOD VENDORS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 437B.001.  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 vehicle that   operates as a food service establishment and is designed to be   readily movable.                 (3)     "License holder" means a person who holds a mobile   food vendor 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.           Sec.   437B.002.     CONSTRUCTION OF CHAPTER. 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 mobile food vendor regulation   program, provided the local authority's regulations do not conflict   with this chapter.           Sec.   437B.003.     LOCAL PREEMPTION. This chapter preempts a   local authority's power to prohibit or regulate mobile food vendors   in a manner that conflicts with this chapter.           Sec.   437B.004.     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 vendor 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 outside a specific perimeter of a   commercial establishment or restaurant;                       (B)     enter into any agreement with a commercial   establishment or restaurant, except as necessary to properly   dispose of grease and other cooking waste;                       (C)     have an operational handwashing sink in the   vehicle of a vendor who sells only prepackaged food;                       (D)     associate with a commissary if the vehicle   carries the equipment necessary to comply with state law and   properly disposes of grease and other cooking waste;                       (E)     provide the vendor's fingerprints as a   condition of holding a mobile food vendor license;                       (F)     install a global positioning system tracking   device on the vehicle;                       (G)     keep the vehicle in constant motion except   when serving customers;                       (H)     submit to an additional fire inspection a   vehicle the vendor demonstrates has passed a state or local fire   inspection within the preceding 12 months; or                       (I)     submit to health inspections other than an   inspection the department, or a local authority under a   collaborative agreement, conducts 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 unless the person   holds a mobile food vendor's license issued by the department.   A   separate license is required for each food vending vehicle a mobile   food vendor operates.           (b)     A local authority may not prohibit the operation in its   jurisdiction of a mobile food vendor who holds a mobile food vendor   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 vendor license.     The department shall make the application available to applicants   in person and on the department's Internet website.           Sec.   437B.053.     APPLICATION REQUIREMENTS. (a) An applicant   for a mobile food vendor license must submit an application to the   department on the form the department prescribes. 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 food or beverages the applicant proposes to   sell to enable the department to establish the applicant's food   type classification;                 (5)     a statement of whether the applicant has   previously been denied a mobile food vendor license or had a mobile   food vendor license suspended or revoked in another state or local   jurisdiction and the reasons for any denial, suspension, or   revocation; and                 (6)     for each motorized 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 commercial   vehicle licenses or permits required by this state.           (b)     An applicant must attest to 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 to be licensed 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.           Sec.   437B.054.     HEALTH INSPECTION. (a)   Not later than the   14th day after the date the department receives a complete mobile   food vendor 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 license to an applicant whose 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.           Sec.   437B.055.     ISSUANCE OF LICENSE. (a)   The department   shall issue a mobile food vendor license to an applicant who submits   a complete application, pays any required fee, and meets the   department's licensing requirements and whose food vending vehicle   passes a health inspection.           (b)     A license issued under this section expires on the first   anniversary of the date of issuance.           Sec.   437B.056.     LICENSE RENEWAL. (a)   Before expiration of a   license, the department shall send notice of the expiration to the   mobile food vendor.   The vendor shall submit a renewal application   before the date the license expires. &#x [Text truncated for display. Full text available on Congress.gov.]