§ 437B.204 — EMERGENCY SUSPENSION.

Texas § 437B.204

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Text of section effective on July 01, 2026
Sec. 437B.204. EMERGENCY SUSPENSION. (a) The department may issue an emergency order to suspend a mobile food vendor license if the department has reasonable cause to believe a license holder's operations pose an imminent threat to the public's health and safety. An emergency suspension order is effective immediately without a hearing on notice to the license holder and must state the length of the suspension.
(b) Not later than the 14th day after the date a mobile food vendor license holder receives notice from the department of an emergency suspension of a license under this section, the license holder may request a preliminary hearing on the emergency order in a form and manner the department prescribes.
(c) On receipt of a license holder's request for hearing under Subsection (b), the department shall promptly refer the matter to the State Office of Administrative Hearings for a preliminary hearing before an administrative law judge.
(d) An administrative law judge for the State Office of Administrative Hearings shall:
(1) conduct a preliminary hearing to affirm, modify, or set aside the emergency suspension order issued by the department under Subsection (b) not later than the 17th day after the date the office receives the hearing request;
(2) make findings of fact and conclusions of law; and
(3) issue a written proposal for decision on the department's reasonable cause to believe a continuing and imminent threat to the public's health and safety exists.
(e) A final hearing on the matter shall be held not later than the 61st day after the date of the emergency suspension.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 744 (H.B. 2844 ), Sec. 2, eff. July 1, 2026.