Houston Health Department outlines risk‑based food permit fees, elimination of some local permits to comply with Senate Bill 1008

Christopher Sparks, bureau chief of Consumer Health Services at the Houston Health Department, presented proposed revisions to Chapter 20 of the Houston Code of Ordinances to implement changes required by Senate Bill 1008 and to align local rules with the FDA model food code and Texas rules.

Sparks told the committee that SB 1008 "requires local jurisdictions to align their food safety regulations with state and federal models" and limits local authorities from imposing requirements that differ from state law. He said the city will move away from an employee‑tiered fee structure and use a risk‑based model consistent with FDA guidance. Under the proposed structure Sparks described, low‑risk permits would be $258 and high‑risk permits $773 (figures match state fees referenced in the presentation). He said medallion fees for mobile units would be reduced from $708 to $258 and that many temporary permit fees would decrease (for example, a typical daily temporary fee from $79 to $52 and a 10‑day permit from $700 to $104 as cited in the presentation).

Sparks said SB 1008 removes the city's authority to charge some administrative fees and to require permits where state rules do not; as a result, nonprofit permits (including some school permitting categories) will be removed and schools will be inspected according to Department of State Health Services (DSHS) practice but not issued local permits. He also said the city will no longer be able to require electronic GPS monitoring fees for mobile units and that manager certification course fees the city offered would be prohibited under the new law.

Vice Mayor Pro Tem Amy Peck asked about enforcement options for nonprofit establishments if the city can no longer issue permits. Sparks said the city would still inspect on a complaint basis and could require corrections to protect the public; he said the state law restricts the city's ability to revoke permits and that the department is consulting the city attorney about whether and how revocation could be pursued in any circumstances. Sparks said the department believes it can still issue citations and suspend operations when necessary.

Sparks described implementation timing: SB 1008 takes effect Sept. 1, 2025, and the department is preparing an ordinance to present to council, possibly on the Aug. 27 agenda, to avoid placing the city at legal risk for enforcing rules inconsistent with state law. He said the department has about 15,000 permitted establishments on its list and opted for the risk model rather than a gross‑sales approach because collecting tax records for all businesses would be administratively difficult. Sparks said the department had informed the restaurant association and plans additional outreach, webinars and stakeholder communications.

The committee did not take action at the meeting. Sparks said the proposed ordinance is being prepared and the department is working with legal to finalize enforcement language that complies with state law while protecting public health.