Houston Health Department outlines ordinance rewrite, fee changes to comply with state food‑safety law

The Houston Health Department briefed the Quality of Life Committee on proposed changes to Chapter 20 of the Houston Code of Ordinances to comply with Senate Bill 1008 and align local rules with the FDA model food code and Texas Food Establishment Rules.

Christopher Sparks, bureau chief of Consumer Health Services, said Senate Bill 1008 (the 89th Texas Legislature) restricts local health authorities from imposing requirements that differ from state law unless expressly authorized. The city’s proposed rewrite would repeal conflicting or duplicative local provisions, modernize and streamline regulations, and change permit fees from an employee‑tiered structure to a risk‑based structure consistent with the FDA model food code.

Sparks described specific fee changes discussed in the presentation. Under the new risk classifications, a low‑risk permit would be $258, and a high‑risk permit would be $773. Previously, employee‑based tiers ranged from about $291 for the smallest establishments up to $1,059 for establishments with 101 or more employees. Mobile‑unit medallion fees would be reduced from $708 to $258 to match Department of State Health Services (DSHS) charges, temporary daily permit fees would fall from $79 to $52, and 10‑day temporary permits that had been $700 would be reduced to $104. The department also said manager‑certification course fees and an electronic monitoring fee tied to GPS tracking of mobile units would be removed after the Legislature restricted local authority in related statutes and bills (staff referenced House Bill 2844 and the limits placed on electronic monitoring).

Amy Peck, vice mayor pro tem, asked how the city would enforce compliance for nonprofit establishments that would no longer require permits under the state law. Sparks responded that the department would still inspect on a complaint basis and could require correction of violations to protect public health, but that state law limits local authorities’ ability to revoke permits; the department is working with the city attorney’s office to understand what enforcement steps remain available, including citation and suspension in appropriate cases. “We still have the ability to require that they correct those violations, to protect the public,” Sparks said.

Sparks said the statutory changes take effect Sept. 1. The department is preparing ordinance language and hopes to bring it to council before the effective date, possibly on the Aug. 27 agenda, so the city’s rules do not conflict with the new state standards. Staff said they had notified the restaurant association and plan outreach, webinars and guidance for the roughly 15,000 permitted establishments in Houston to explain fee and regulatory changes.

No ordinance or vote was before the committee at this meeting; the session was an informational presentation. Sparks said the department is projecting fee impacts and will provide further details when the draft ordinance is released to the public for comment.