S.B. No. 1008 seeks to enhance the regulatory framework for the food service industry in Texas by amending the Civil Practice and Remedies Code and the Health and Safety Code. The bill introduces Section 102A.0015, which expands the definition of municipalities and counties to include public health districts, granting them regulatory authority. It allows individuals or trade associations to take legal action against municipalities or counties for violations of food service regulations. Additionally, Section 437.0045 limits local authorities' ability to require permits or licenses unless they would be necessary under the department's jurisdiction. The bill also mandates that local entities establish fee schedules that do not exceed those of the department and prohibits local authorities from requiring sound permits under certain conditions.
Moreover, the bill addresses the transportation and delivery of food by permitted food service establishments and mobile food units, stating that they do not need additional permits for food delivery if they comply with specific conditions, such as food safety standards and limiting deliveries to three times a week. It amends Section 438.1055 to prevent local health jurisdictions from imposing fees or requiring local food manager credentials for those with valid certificates, thereby reducing financial burdens on food managers. The provisions of S.B. No. 1008 are set to take effect on September 1, 2025.
Statutes affected: Introduced: Health and Safety Code 1.004, Health and Safety Code 437.004, Health and Safety Code 437.0091, Health and Safety Code 437.01235, Health and Safety Code 437.0124, Health and Safety Code 438.1055 (Health and Safety Code 438, Health and Safety Code 1, Health and Safety Code 437)
Senate Committee Report: Health and Safety Code 1.004, Health and Safety Code 437.004, Health and Safety Code 437.0091, Health and Safety Code 437.01235, Health and Safety Code 437.0124, Health and Safety Code 438.1055 (Health and Safety Code 438, Health and Safety Code 1, Health and Safety Code 437)
Engrossed: Health and Safety Code 1.004, Health and Safety Code 437.004, Health and Safety Code 437.0091, Health and Safety Code 437.01235, Health and Safety Code 437.0124, Health and Safety Code 438.1055 (Health and Safety Code 438, Health and Safety Code 1, Health and Safety Code 437)
House Committee Report: Health and Safety Code 1.004, Health and Safety Code 437.004, Health and Safety Code 437.0091, Health and Safety Code 437.01235, Health and Safety Code 437.0124, Health and Safety Code 438.1055 (Health and Safety Code 438, Health and Safety Code 1, Health and Safety Code 437)