Sec. 437.012. COUNTY AND PUBLIC HEALTH DISTRICT FEES. (a) A county or public health district may require the payment of a fee for issuing or renewing a permit.
(b) The fee charged by a county or public health district for issuing or renewing a permit may not exceed the amount necessary to recover the county's or district's cost under Subsection (d).
(c) Fees collected by a county under this chapter shall be deposited to the credit of a special fund of the county. Fees collected by a public health district under this chapter shall be deposited to the credit of a special fund created by the cooperative agreement under which the district operates.
(d) Fees deposited as provided by this section may be spent only for conducting inspections required by this chapter and issuing permits.
(e) This section does not apply to a county or public health district covered by Section 437.0123.
(f) A county or public health district may, by rule or order, adopt a variable scale to determine the fee charged for a permit under this section. In adopting a rule or order under this subsection, the county or public health district may consider:
(1) the size of the food service establishment, retail food store, mobile food unit, or roadside food vendor;
(2) the number of people employed at the food service establishment, retail food store, mobile food unit, or roadside food vendor; and
(3) the gross sales of the food service establishment, retail food store, mobile food unit, or roadside food vendor.
(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
(h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 617, Sec. 3, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 156, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 72, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Section 437.002. Enforcement of State Law by County or Public Health District
Section 437.003. County Authority to Require Permit
Section 437.004. Public Health District Authority to Require Permit
Section 437.005. Public Hearing
Section 437.0056. Rulemaking Authority
Section 437.006. More Than One Permit Prohibited
Section 437.0065. Permits for Certain Farmers and Food Producers
Section 437.007. Nonprofit Organizations Exempt
Section 437.0073. Medallion for Mobile Food Units in Certain Populous Municipalities
Section 437.0074. Mobile Food Units in Certain Populous Counties
Section 437.0075. Food Managers in Certain Populous Counties
Section 437.0076. Certified Food Manager
Section 437.008. Permit Renewal
Section 437.010. Submission of Plans and Subsequent Inspection
Section 437.011. Inspection of Existing Entities on Adoption of Order
Section 437.012. County and Public Health District Fees
Section 437.0123. County and Public Health District Fees in Certain Populous Counties
Section 437.0124. County and Public Health District Fee Schedule
Section 437.0125. Department Fees
Section 437.013. Audited Statement
Section 437.014. Denial, Suspension, or Revocation of Permit
Section 437.0145. Emergency Suspension or Closing Order
Section 437.0155. Department Injunction
Section 437.0165. Criminal Penalty: Violation of Department Permit Requirement
Section 437.017. Conflict With Alcoholic Beverage Code
Section 437.018. Administrative Penalty
Section 437.0185. Administrative Penalty by Public Health District or County
Section 437.0186. Assessment of Administrative Penalty
Section 437.019. Exemption for Certain Bed and Breakfast Establishments
Section 437.0191. Exemption for Cottage Food Production Operations
Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations
Section 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted
Section 437.0195. Production of Cottage Food Products
Section 437.01951. Requirements for Sale of Certain Cottage Foods
Section 437.01952. Requirements for Sale of Frozen Fruit or Vegetables
Section 437.0197. Exemption for Small Honey Production Operation
Section 437.0198. Regulation of Small Honey Production Operation Prohibited
Section 437.0199. Labeling Requirements for Small Honey Production Operation
Section 437.020. Regulation of Food Samples at Farms and Farmers' Markets
Section 437.0201. Regulation of Food at Farmers' Markets Under Temporary Food Establishment Permits
Section 437.0202. Temperature Requirements for Food at Farmers' Markets
Section 437.0203. Regulation of Cooking Demonstrations at Farmers' Markets
Section 437.021. Authority to Operate on Certain Property
Section 437.023. Service Animals
Section 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption
Section 437.026. Sale of Certain Food by Food Service Establishment