Texas § 437.004 PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.

Texas Statutes

§ 437.004 — PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.

Texas § 437.004

Code HSHealth and Safety Code

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Bluebook

Tex. Health and Safety Code Code Ann. § 437.004 (2026).

Text

Sec. 437.004. PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT.

(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

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Sec. 437.004. PUBLIC HEALTH DISTRICT AUTHORITY TO REQUIRE PERMIT. (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.

Legislative 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.