Tex. Health & Safety Code § 437.004 · Chapter 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS
PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Section 437.0045, a public health district that is established by at least one county and one or more municipalities in the county by order may require food service establishments, retail food stores, mobile food units, and roadside food vendors in the district to obtain a permit from the district.
(b) If the public health district has an administrative board, the administrative board must adopt the order in accordance with its procedures.
(c) If the district does not have an administrative board, the governing body of each member of the district must adopt the order. Subject to Section 437.009(b), the order is effective throughout the public health district on the 30th day after the first date on which the governing bodies of all members have adopted the order.
(d) This chapter does not restrict the authority of a municipality that is a member of a public health district to adopt ordinances or administer a permit system concerning food service establishments, retail food stores, mobile food units, and roadside food vendors, to the extent those ordinances or that system does not conflict with a provision of state law.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 48 (S.B. 1008), Sec. 4, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm
- Text hash
- sha256 ae5056a8491da0cb6ff1d50afb272017f243c1ee3b52f89b43733fdf1f0e1f60
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 437.004. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 437.005PUBLIC HEARING.Printed as Section 437.003 or 437.004
- Tex. Health & Safety Code § 437.0065PERMITS FOR CERTAIN FARMERS AND FOOD PRODUCERS.Printed as Section 437.003, 437.004, 437.0055, or 437.0201
- Tex. Health & Safety Code § 437.0185ADMINISTRATIVE PENALTY BY PUBLIC HEALTH DISTRICT OR COUNTY.Printed as Section 437.003 or 437.004
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.