Primary Department: Public Health Services
Primary Department Head/Elected Official: Leah Barton ─ Interim Executive Director
Secondary Department: N/A
Secondary Department Head/Elected Official:
Regular or Supplemental RCA: Supplemental RCA
Type of Request: Policy
Project ID (if applicable): N/A
Vendor/Entity Legal Name (if applicable): N/A
MWBE Contracted Goal (if applicable): N/A
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal not applicable to request
Grant Indirect Costs Rate (if applicable): N/A
Justification for 0% Grant Indirect Costs Rate (if applicable): N/A - Not a grant item
Request Summary (Agenda Caption):
title
Request by Public Health Services for approval for Environmental Public Health to update the 2025 Rules for Regulation of Food Establishments in the Unincorporated Areas of Harris County, TX.
end
Background and Discussion:
The 89th legislature enacted amendments to Chapter 437 of the Health and Safety Code, the Civil Practice and Remedies Code, and related statutes to establish uniform statewide standards governing the regulation of food service establishments, retail food stores, mobile food units, roadside vendors, and temporary food operations. The amendments limit the regulatory authority of counties, municipalities, and public health districts by: 1. Restricting Local Regulatory Authority - Prohibits local jurisdictions from adopting or enforcing ordinances or permit requirements that exceed standards established by state law or the Texas Department of State Health Services (DSHS). 2. Standardizing Fee Structures - Requires local permit and service fees to align with state fee schedules, subject to statutory caps. Local governments may not assess fees exceeding DSHS rates, with limited allowances for large jurisdictions or public safety needs. While DSHS collects permit fees biennially, local jurisdictions may collect fees annually so long as the total amount over two years does not exceed the DSHS biennial rate. Reinspection fees are also capped by statute. 3. Mandating Transparency and Stakeholder Engagement - Requires at least 60 days’ public notice for proposed changes to fees, permit requirements, or inspection procedures. Local agencies must provide opportunities for stakeholder engagement during this period and maintain mechanisms-such as email subscription services-for ongoing public updates. These provisions take effect September 1, 2025, which is the reason for the submission of this document. This should not be confused with HB: 2844 also passed during the 89th session which regulates the inspection and permitting of food trucks throughout the state. These changes do not go in effect until July 1st, 2026 thus PHS has not yet altered this document to reflect HB: 2844 at this time.
Expected Impact:
PHS anticipates a negative financial impact of approximately $1 million; however, due to prudent fiscal management in recent years, no direct operational impacts are expected during FY 2026. Strategic planning efforts are underway to address the projected shortfall, and PHS is confident that the discrepancy will be resolved by the start of FY 2027.
Alternative Options:
As this is a change in state statute there are currently no alternatives.
County Strategic Plan Goal: 3. Make our economy more inclusive.
County Strategic Plan Objective: M: Ensure that Harris County remains the best place in the region to start and grow a business, with a focus on equitable economic growth.
Justice/Safety Initiative (Goal 1):
Infrastructure Initiative (Goal 2):
Economy Initiative (Goal 3):
Health Initiative (Goal 4):
Climate/Resilience Initiative (Goal 5):
Housing Initiative (Goal 6):
Additional notes related to the Strategic Plan:
Prior Court Action (if any):
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Date |
Agenda Item # |
Action Taken |
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N/A |
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Location:
Address (if applicable): N/A
Precinct(s): Countywide
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Fiscal and Personnel Summary |
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Service Name |
Food Safety & Inspection |
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|
|
Current Fiscal Year Cost |
Annual Fiscal Cost |
|
|
Labor |
Non-Labor |
Total |
Recurring Expenses |
|
Funding Sources |
|
|
Existing Budget |
|
|
|
|
|
|
$ |
$ |
$ |
$ |
|
|
$ |
$ |
$ |
$ |
|
|
$ |
$ |
$ |
$ |
|
Total Existing Budget |
$ |
$ |
$ |
$ |
|
Additional Budget Request (Requires Fiscal Review Request Form) |
|
|
|
$ |
$ |
$ |
$ |
|
|
$ |
$ |
$ |
$ |
|
|
$ |
$ |
$ |
$ |
|
Total Additional Budget Request |
$ |
$ |
$ |
$ |
|
Total Funding Sources |
$ |
$ |
$ |
$ |
|
Grants - Proposed Budget (To be filled out by Grants staff only) |
|
|
Labor |
Non-Labor |
Total |
No. of Grant Years |
|
Local Match Source - Existing Budget: |
$ |
$ |
$ |
|
|
Local Match Source - Additional Budget Request: |
$ |
$ |
$ |
|
|
Grant Funds Applied for/Awarded (Total) |
$ |
$ |
$ |
|
|
Personnel(Fill out section only if requesting new PCNs) |
|
|
Current Position Count for Service |
- |
- |
- |
- |
|
Additional Positions Request |
- |
- |
- |
- |
|
Total Personnel |
- |
- |
- |
- |
Anticipated Court Date: August 26, 2025
Anticipated Implementation Date (if different from Court date): September 01, 2025
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Scott Jeansonne, Environmental Public Health Director, Public Health Services
Attachments (if applicable): 2025 Rules of Regularion of Food Establishments, SB 1008