Tex. Health & Safety Code § 437.0065 · Chapter 437. REGULATION OF FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD STORES, MOBILE FOOD UNITS, AND ROADSIDE FOOD VENDORS
PERMITS FOR CERTAIN FARMERS AND FOOD PRODUCERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "farmers' market" and "food producer" have the meanings assigned by Section 437.020.
(b) This section applies only to a permit issued under this chapter to:
(1) a farmer for the sale of food directly to consumers at a farmers' market, a farm stand, or the farmer's farm; and
(2) a food producer, other than a farmer, for the sale of food directly to consumers at a farmers' market.
(c) A permit issued under Section 437.003, 437.004, 437.0055, or 437.0201 to a person described by Subsection (b):
(1) must be valid for a term of not less than one year;
(2) may impose an annual fee in an amount not to exceed $100 for the issuance or renewal; and
(3) must cover sales at all locations the permit holder is authorized to sell food under Subsection (b), including farmers' markets, farm stands, and farms within the jurisdiction of the permitting authority.
(d) A farmer or food producer who is charged an annual fee in an amount that exceeds the amount authorized by Subsection (c)(2) or whose permit does not otherwise comply with this section may bring an action against the governmental entity that charged the fee or issued the permit to recover:
(1) the amount the farmer or food producer was charged in excess of the annual fee authorized by Subsection (c)(2); and
(2) reasonable and necessary attorney's fees incurred in bringing the action.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 577 (S.B. 617), Sec. 1, eff. June 14, 2021.
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 6de0ec03d581a836dd8dcdac03e3262fbf6eb205e567d83fc9ff9b5b3f00321a
- 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.
Health and Safety Code
- Tex. Health & Safety Code § 437.003COUNTY AUTHORITY TO REQUIRE PERMIT.Printed as Section 437.003, 437.004, 437.0055, or 437.0201
- Tex. Health & Safety Code § 437.004PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.Printed as Section 437.003, 437.004, 437.0055, or 437.0201
- Tex. Health & Safety Code § 437.0055PERMIT FROM DEPARTMENT REQUIRED IN AREAS NOT REGULATED BY COUNTY OR PUBLIC HEALTH DISTRICT.Printed as Section 437.003, 437.004, 437.0055, or 437.0201
- Tex. Health & Safety Code § 437.020REGULATION OF FOOD SAMPLES AT FARMS AND FARMERS' MARKETS.Printed as Section 437.020
- Tex. Health & Safety Code § 437.0201REGULATION OF FOOD AT FARMERS' MARKETS UNDER TEMPORARY FOOD ESTABLISHMENT PERMITS.Printed as Section 437.003, 437.004, 437.0055, or 437.0201
Cited by 2 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 437.0065. Each shows the citation as that text prints it.
Health and Safety Code
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