Model Orders and Ordinances - Retail Food Establishments
The following model county order and city ordinance are provided for your use as templates in developing a county or municipal retail food program. Under Chapter 437 of the Texas Health and Safety Code, counties and public health districts "by order" may permit retail food establishments and enforce state law and rules adopted under state law.
Under the municipal code, home-rule cities and Type A General Law Municipalities may enact local ordinances that must be at least as stringent as state laws and rules, but may be more stringent. These are models only and we suggest contacting your local city, county or district attorney for specific advice and guidance in local enactment of orders and ordinances.
Also, review Health and Safety Code Chapter 341 for specifics on public health nuisances, nuisances and abatement for home - rule cities and Type A General Law Municipalities:
HSC Chapter 341-Minimum Standards of Sanitation and Health Protection Measures
More information on Public Nuisances can be found on our website at: https://dshs.texas.gov/phs/publicnuis.aspx