The COVID Project
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
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 noteThe 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').