89R5158 KRM-D     By: Capriglione H.B. No. 1449       A BILL TO BE ENTITLED   AN ACT   relating to permits for mobile food service establishments   operating in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 437A, Health and Safety   Code, is amended to read as follows:   CHAPTER 437A.  MOBILE FOOD SERVICE ESTABLISHMENTS OPERATING IN   [CERTAIN] COUNTIES WITH POPULATION OF MORE THAN ONE MILLION [IN   MORE THAN ONE MUNICIPALITY]          SECTION 2.  Section 437A.002, Health and Safety Code, is   amended to read as follows:          Sec. 437A.002.  APPLICABILITY.  This chapter applies only   to a county[:                [(1)]  with a population of more than one [2.1] million   [; and                [(2)  in which is located partly or wholly:                      [(A)  an airport operating under Subchapter D,   Chapter 22, Transportation Code; and                      [(B)  an airport owned by the principal   municipality in the county that does not offer commercial air   service].          SECTION 3.  The heading to Section 437A.006, Health and   Safety Code, is amended to read as follows:          Sec. 437A.006.  INSPECTION [BY COUNTY].          SECTION 4.  Section 437A.006, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:          (d)  A county to which this chapter applies may delegate to a   municipality located wholly or partly in the county the inspection   of a mobile food service establishment operating in the   municipality.          SECTION 5.  Chapter 437A, Health and Safety Code, is amended   by adding Sections 437A.0075 and 437A.0077 to read as follows:          Sec. 437A.0075.  PROHIBITED MUNICIPAL PERMIT REQUIREMENTS.   A municipality located wholly or partly in a county to which this   chapter applies may not require a permit or similar authorization,   other than the permit required under Section 437A.003, for a mobile   food service establishment to operate in the municipality.          Sec. 437A.0077.  FEE CALCULATION. A county imposing a fee   for a permit issued or renewed under this chapter shall set the fee   in an amount not to exceed the amount necessary to recover the   annual expenditures for:                (1)  reviewing and issuing or otherwise acting on   permits;                (2)  amending and renewing permits;                (3)  inspecting mobile food service establishments,   including a municipality's expenses for inspections delegated   under Section 437A.006; and                (4)  otherwise administering this chapter and rules   adopted under this chapter.          SECTION 6.  Section 437.0073, Health and Safety Code, is   repealed.          SECTION 7.  The changes in law made by this Act apply to an   ordinance, rule, regulation, policy, or procedure adopted before,   on, or after the effective date of this Act.          SECTION 8.  This Act takes effect September 1, 2025.