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TexasSB 100889th Legislature Regular SessionSenate

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

Sponsored By: Cody Harris, Mayes Middleton (Republican)

Signed by Governor

Environment--NoiseFees & Other Nontax Revenue--LocalHealth--GeneralSafetyFOODPERMITSRESTAURANTSSTATE HEALTH SERVICES, DEPARTMENT OF

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Food businesses get local fee limits

Beginning September 1, 2025, local food-business fees, including processing charges, generally cannot exceed the state health department’s maximum. The limits cover restaurants, food stores, mobile units, roadside vendors, temporary food businesses, and their employees. A local annual maximum cannot exceed the state’s two-year maximum. Reinspection charges require a direct, significant public-health risk and cannot exceed the lower of the first inspection’s cost or $200. Only one reinspection fee is allowed within 60 days unless reasonable efforts to fix the violation were not made. Some large local governments can charge up to 120% of otherwise allowed fees after an annual public meeting demonstrating compliance. Eligible counties have at least 2,500,000 residents, or over 2,000,000 residents with two cities each having at least 350,000 residents. Cities with at least 950,000 residents and public health districts regulating these counties or cities also qualify. A separate exception allows fees needed to meet binding federal food-inspection orders or agreements, with an annual public meeting demonstrating necessity. Covered premises that already paid a state or local operating fee cannot face additional local alcohol permit or license fees under the two specified Alcoholic Beverage Code provisions.

Food managers avoid extra local credentials

Beginning September 1, 2025, food managers with the state-issued food-manager certificate do not need a separate local credential. Local health jurisdictions cannot require those managers to hold or pay for local cards, licenses, permits, certifications, or related paperwork.

Food businesses get advance rule notices

Beginning September 1, 2025, local food regulators must offer email sign-ups for updates. They must email subscribers at least 60 days before changing covered fees, permits, inspection protocols, or inspection procedures. Local governments collecting these food-service fees must establish fee schedules and submit them to the state at least 60 days before they take effect. The state health department must maintain a public online registry of submitted food ordinances and fee schedules. It must post each submitted item within 10 days of receipt.

State rules limit local food permits

Beginning September 1, 2025, local food permits, licenses, certificates, and other approvals must match what the state health department requires. This covers restaurants, food stores, mobile units, roadside vendors, temporary food businesses, and their workers. Counties and public health districts have permitting authority in unincorporated areas and some areas just outside cities, subject to state limits. Cities belonging to public health districts cannot adopt food rules or run permit systems that conflict with state law.

Workplace food service avoids extra permits

Beginning September 1, 2025, permitted food establishments and mobile units can provide workplace food service without additional permits or certifications. The protection also covers their workers, contractors, and the workplace owner or operator. Service at the same workplace is limited to three days in any seven-day period. The food business’s employee or contractor must serve the food, with sales limited to workplace employees or guests. Workers assembling food onsite must meet applicable food-handler and food-manager certification requirements. Food preparation, transport, delivery, and service must follow local catering safety rules, including time and temperature limits. The workplace must provide adequate bathrooms and handwashing stations, either plumbed or portable.

Legal challenges reach public health districts

Beginning September 1, 2025, public health districts created by municipalities or counties face the same covered legal challenges as cities and counties. Injured parties can use that legal process to challenge specified unlawful district ordinances, orders, or rules.

Food businesses gain limited noise protections

Beginning September 1, 2025, state and local regulators cannot impose sound permits, fees, or bans on food businesses meeting the delivery or restaurant standards. Deliveries between 10 p.m. and 5 a.m. must last no more than one hour. They can carry only food, nonalcoholic drinks, food-service supplies, or ice, with sound no higher than 65 dBA at the nearest residential property. The restaurant standard requires amplified sound to stop by 10 p.m. Sunday–Thursday and 11 p.m. Friday–Saturday. Sound at the property boundary cannot exceed 70 dBA or 75 dBC. The restaurant rule excludes property within 300 feet of a home occupied before any food-service establishment located there. Measurements allow exclusion of traffic and other reasonably excludable background noise. Cities and counties can enforce limits consistent with the law.

Sponsors & Cosponsors

Sponsors

  • Cody Harris

    House

  • Mayes Middleton

    Republican • Senate

Cosponsors

  • Brandon Creighton

    Republican • Senate

  • Brent Hagenbuch

    Republican • Senate

  • Adam Hinojosa

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 229 • No: 72

House vote • 5/5/2025

Record vote

Yes: 93 • No: 39

House vote • 5/2/2025

Record vote

Yes: 85 • No: 30

Senate vote • 4/9/2025

Record vote

Yes: 29 • No: 1

Senate vote • 4/9/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: State Affairs

Yes: 11 • No: 2

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    5/19/2025House

  2. Signed by the Governor

    5/19/2025House

  3. Sent to the Governor

    5/7/2025House

  4. Signed in the House

    5/7/2025House

  5. Signed in the Senate

    5/7/2025Senate

  6. Reported enrolled

    5/6/2025Senate

  7. House passage reported

    5/6/2025Senate

  8. Statement(s) of vote recorded in Journal

    5/5/2025House

  9. Record vote (RV#1367)

    5/5/2025House

  10. Passed

    5/5/2025House

  11. Read 3rd time

    5/5/2025House

  12. Statement(s) of vote recorded in Journal

    5/2/2025House

  13. Record vote (RV#1358)

    5/2/2025House

  14. Passed to 3rd reading

    5/2/2025House

  15. Read 2nd time

    5/2/2025House

  16. Laid out in lieu of companion (CSHB 2156)

    5/2/2025House

  17. Committee report sent to Calendars

    4/29/2025House

  18. Committee report distributed

    4/29/2025House

  19. Comte report filed with Committee Coordinator

    4/29/2025House

  20. Reported favorably w/o amendment(s)

    4/28/2025House

  21. Considered in public hearing

    4/28/2025House

  22. Referred to State Affairs

    4/17/2025House

  23. Read first time

    4/17/2025House

  24. Received from the Senate

    4/10/2025House

  25. Reported engrossed

    4/9/2025Senate

Bill Text

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