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SB1008

Regular Session

Relating to state and local authority to regulate the food service industry.

Moderate
Low Cost
Effective:2025-09-01
SB1008
Moderate
Relating to state and local authority to regulate the food service industry.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County Commissioners CourtsDSHSMunicipal Governing BodiesPublic Health Districts
Primary Author: Sen. Mayes Middleton
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Local governments must align fees/ordinances by this date; businesses must reject non-compliant invoices received for periods starting on/after this date).
  • Agency Rulemaking:
  • July 1, 2025: Local governments must submit fee schedules to the Department of State Health Services (DSHS).
  • Registry Creation: DSHS must establish an online registry for these ordinances immediately upon receipt.
  • Regulatory Gray Zone: Watch for municipalities attempting to rush fee increases or enforcement actions in Q2/Q3 2025 before the preemption takes effect.

Immediate Action Plan

  • 1. Update AP Workflows: Program accounting systems to flag and hold any municipal health/alcohol invoices dated post-September 1, 2025, for legal review against state caps.
  • 2. Distribute Field Memos: Issue a directive to all General Managers: "Do not pay on-site for local food manager cards; present State Certificate only."
  • 3. Subscribe to Alerts: Designate a compliance officer to register for email updates from every city/county health department where you operate immediately to capture the 60-day notice window.
  • 4. Report Violations: If a municipality refuses to drop a redundant fee or demands a local permit after the effective date, forward the citation to the Association immediately for potential litigation under the new standing provisions.

Operational Changes Required

Contracts

  • Waste & Supply Chain: Renegotiate delivery windows with vendors. The law now permits deliveries between 10:00 PM and 5:00 AM (under 1 hour duration/65 dBA), overriding local noise curfews.
  • Catering Agreements: Remove pass-through clauses for "local transport permits" for workplace deliveries; these permits are now prohibited if specific hygiene conditions are met.

Hiring/Training

  • Food Manager Certification: Cease budgeting for "City/County Food Manager Cards." Instruct Unit Managers to refuse local inspector demands for local registration if the employee holds a valid State Food Manager Certificate.
  • Staffing: No new hiring required, but designated compliance staff must subscribe to email notifications from all operating jurisdictions to receive the mandatory 60-day notice of fee changes.

Reporting & Record-Keeping

  • Digital Repository: Maintain immediate digital access to all State Food Manager Certificates on-site to satisfy inspectors in lieu of local cards.
  • Defensive Sound Logging: If utilizing late-night delivery or amplified sound privileges, maintain a decibel log at the property line to refute potential local citations (must prove levels <65 dBA for delivery or <75 dBA for operations).

Fees & Costs

  • Accounts Payable Audit: Flag all municipal health permit invoices for FY2026.
  • Reject: Separate "Local Alcohol/Beverage Fees" if a health permit is already paid (Double-dipping prohibited).
  • Verify: Annual local health fees must not exceed the DSHS biennial fee cap (approx. 50% of the state 2-year rate).
  • Reinspection: Cap reinspection fees at the lesser of actual cost or $200.

Strategic Ambiguities & Considerations

  • The "120% Exception" (Metro Loophole): Large municipalities (e.g., Houston, Dallas, Austin) may charge up to 120% of the state fee cap if they hold a public hearing claiming "public safety necessity." Expect major metros to utilize this; we must attend these hearings to challenge the "necessity" claim.
  • "Reasonable Efforts" on Reinspection: Localities can charge reinspection fees if they deem you failed to make "reasonable efforts" to correct violations. This is subjective. Document all corrective actions extensively to dispute these fees.
  • Background Noise Calculation: The law excludes traffic noise from decibel limits. Enforcement officers may not have the technical capability to isolate background noise, leading to invalid citations.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 29, 2025
Passed Senate
Apr 9, 2025
Passed House
May 5, 2025
Signed
May 19, 2025
TopicsEnvironmentEnvironment--noiseFees & Other Nontax RevenueFees & Other Nontax Revenue--localHealthHealth--generalSafetyFoodPermitsRestaurantsState Health Services, Department of
03

Senate Authors

Sen. Mayes MiddletonRepublican · Primary Author
Coauthors (3)

House Sponsor

Rep. Cody HarrisRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB1008

Q

What does Texas SB1008 do?

SB1008 centralizes regulatory authority, preempting local ordinances regarding food service fees, permitting, and operational restrictions effective September 1, 2025. This legislation caps municipal health fees at state levels, eliminates redundant local alcohol and food manager charges, and grants trade associations standing to sue non-compliant jurisdictions. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Local governments must align fees/ordinances by this date; businesses must reject non-compliant invoices received for periods starting on/after this date).

Q

Who authored SB1008?

SB1008 was authored by Texas Senator Mayes Middleton during the Regular Session.

Q

When was SB1008 signed into law?

SB1008 was signed into law by Governor Greg Abbott on May 19, 2025.

Q

Which agencies enforce SB1008?

SB1008 is enforced by County Commissioners Courts, Department of State Health Services (DSHS), Municipal Governing Bodies and Public Health Districts.

Q

How urgent is compliance with SB1008?

The compliance urgency for SB1008 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB1008?

The cost impact of SB1008 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1008 address?

SB1008 addresses topics including environment, environment--noise, fees & other nontax revenue, fees & other nontax revenue--local and health.

Legislative data provided by LegiScanLast updated: November 25, 2025

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