SB 1358

relating to prohibited local regulations regarding certain
late-night and overnight deliveries to food service
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 437, Health and Safety Code, is amended
by adding Section 437.029 to read as follows:
Sec. 437.029.  PROHIBITED LOCAL REGULATIONS RELATING TO
CERTAIN LATE-NIGHT AND OVERNIGHT DELIVERIES TO FOOD SERVICE
ESTABLISHMENTS.  Notwithstanding any other law, the department, a
county, a municipality, or a public health district may not require
a food service establishment to obtain a sound regulation permit,
charge a sound regulation fee to an establishment, or otherwise
prohibit sound-related activity at an establishment for sound
arising from the delivery of food, nonalcoholic beverages, food
service supplies, or ice to the establishment if the establishment
accepts delivery of those items for one hour or less between 10 p.m.
and 5 a.m., provided the sound level from the deliveries does not
exceed 75 dBA when measured from the residential property closest
in proximity to the establishment, excluding traffic and other
background noise that can be reasonably excluded.
SECTION 2.  This Act takes effect September 1, 2025.