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County adopts revised food-establishment ordinance after state law changes shift permits and fees

5834764 · August 26, 2025

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Summary

Hardin County amended its Title 6 nondiscrimination and food-establishment ordinance language and updated local fees and permit practices to reflect recent state law changes that shift permitting and inspection authority for some food businesses to the state.

Hardin County Commissioners Court on Aug. 26 approved amendments to the county’s ordinance regulating food establishments to align local permitting and fees with changes enacted by the state legislature and to implement Texas Department of State Health Services (DSHS) guidance.

Regina Bolton, the county’s health-inspections manager, told the court the most significant changes stem from Senate Bill 1008 and other recent legislation affecting permitting and inspection authority. Bolton said those changes mean the county can only issue or inspect retail food permits that the state authorizes it to issue, and the county must adopt a risk-based fee schedule and submit that fee schedule to DSHS. Bolton also explained the practical effects she expects: day-care facilities will receive sanitation inspections but will not be issued permits by the county, the state will assume permitting and inspection authority for mobile food vendors effective July 1, and small-scale food manufacturers with state manufacturing licenses and annual revenue below the statutory threshold will no longer be permitted locally.

Bolton told the court the county already operates on a risk-based inspection model (established in 2017) and that many of the fee changes simply align local fees with state limits. She said the county must provide stakeholders at least 60 days’ notice of fee or protocol changes via an email update system and website posting; the county has an existing email database to use for that purpose. Bolton also noted the county will adopt a reinspection fee not to exceed $200 and that the county lowered one local fee for mobile vendors from $300 to $258 to match state charges and support grandfathering of existing local permits into the state system.

Commissioners approved the amended ordinance as presented. The action is an administrative alignment to state law and DSHS procedures; Bolton recommended the changes after reviewing the legislative direction and coordinating with the Texas Department of Transportation and DSHS, as applicable.

Discussion vs. action: Bolton’s briefing was discussion and legal-context explanation; the court’s vote to approve the amended ordinance was formal action to revise county regulatory language and fee schedules.

The court also added a plan-review fee for larger remodels or new construction that requires staff time to review plans, and it authorized a late fee ($50 after net-30) to encourage timely payment of permits and citations.