S.B. No. 1008 amends the Civil Practice and Remedies Code and the Health and Safety Code to clarify the regulatory authority of state and local governments over the food service industry. It introduces a new section, 102A.0015, which expands the definition of municipalities and counties to include public health districts. The bill also adds provisions from the Health and Safety Code to the list of regulations that allow individuals to take legal action against municipalities or counties for violations. Furthermore, it establishes Section 437.0045, which restricts local authorities from requiring permits or licenses unless they would be necessary if the food service establishment were under state jurisdiction.

The legislation sets new guidelines for fees and permits related to food service establishments, ensuring that local entities cannot charge fees that exceed state-set limits. It mandates local authorities to inform stakeholders about any changes to fees or inspection protocols and prohibits the requirement of sound regulation permits for certain food service establishments under specific conditions. Additionally, the bill outlines regulations for permitted food service establishments and mobile food units, allowing them to deliver food to workplaces without needing extra permits, provided they comply with food safety standards. It also amends Section 438.1055 of the Health and Safety Code to prevent local health jurisdictions from imposing fees or requiring local credentials for food managers with valid certificates. The bill is scheduled 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 1, Health and Safety Code 437, Health and Safety Code 438)
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 1, Health and Safety Code 437, Health and Safety Code 438)
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 1, Health and Safety Code 437, Health and Safety Code 438)
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 1, Health and Safety Code 437, Health and Safety Code 438)
Enrolled: 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 1, Health and Safety Code 437, Health and Safety Code 438)