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Ex. DUT-TX-018 Standing duty Primary source read

Tex. Health & Safety Code § 437.0145 (with §§ 437.002 and 437.016)

Emergency Suspension or Closing Order; Enforcement of State Law by County or Public Health District; Criminal Penalty

Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors) · Texas (State)

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The record

Jurisdiction
Texas
Level
State
Authority
Tex. Health & Safety Code §§ 437.002, 437.0145, 437.016
Issued
1999-09-01 Sept. 1, 1999
Effective
standing (read as 1999-09-01)
End
standing (read as 2021-09-30)
In force
Standing since Sept. 1, 1999 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments)
Character
sanitary code duty
Collection
Standing duties: Texas DUT-TX

Operative words

The department shall suspend the license of a food service establishment, retail food store... or order the immediate closing of the food service establishment... if: (1) the department finds the food service establishment... is operating in violation of the standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the public.

Penalty

License suspension or immediate closure (§ 437.0145); injunction (§§ 437.015, 437.0155); Class C misdemeanor for operating without a county or district permit, each day a separate offense (§ 437.016); Class A misdemeanor for operating without a department permit (§ 437.0165); administrative penalty (§ 437.018)

What it required

Every food service establishment and retail food store operated on the condition of compliance with the chapter's sanitation standards and the Texas Food Establishment Rules adopted under it, with mandatory license suspension or immediate closure ('shall suspend... or order the immediate closing') where a violation created an immediate threat to public health; counties and public health districts 'may enforce state law and rules adopted under state law concerning food service establishments' (§ 437.002(a)), and operating without a required local permit is a Class C misdemeanor with each day a separate offense (§ 437.016).

Retrieval note

The exhibit is the official chapter page as rendered September 29, 2026 (current text); the history lines show § 437.0145 unchanged since 1999. Section 437.017 gives the Alcoholic Beverage Code and TABC rules control in a conflict, which is the channel through which TABC enforced GA-28 and GA-32 against bars and restaurants (Ex. TX-050, 'Operation Safe Open').