Tex. Health & Safety Code Section 438.153
Request for Official Determination

(a)

On receipt of a written request regarding the applicability to a specific circumstance of a regulation or the requirements for compliance with the regulation, the department or local health jurisdiction shall provide an official written determination regarding the applicability of the regulation or the requirements for compliance with the regulation to the requestor not later than the 30th day after the date the department or local health jurisdiction receives the request.

(b)

An official determination made under this section is valid until the regulation that is the subject of the determination is amended by statute, department rule, or local health jurisdiction regulation.

Added by Acts 2013, 83rd Leg., R.S., Ch. 918 (H.B. 1392), Sec. 1, eff. September 1, 2013.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 309 (H.B. 2107), Sec. 4, eff. September 1, 2019.

Source: Section 438.153 — Request for Official Determination, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.438.htm#438.153 (accessed Jun. 5, 2024).

438.001
Definitions 438.002
Exemptions 438.003
Sale from Self-service Containers 438.004
Stricter Rules 438.005
Sale of Unpackaged Food 438.006
Effect on Other Laws 438.011
Definitions 438.012
Use of Unclean Dishes 438.013
Cleaning Dishes, Receptacles, and Utensils 438.014
Sterilization of Food Service Items 438.015
Use of Damaged Dishes, Receptacles, or Utensils 438.016
Napkins 438.017
Protection of Other Food Service Items 438.018
Criminal Penalty 438.031
Definition 438.032
Infected Persons 438.033
Physical Examination 438.034
Employee Cleanliness 438.035
Use of Unlaundered Towels 438.036
Criminal Penalty 438.037
Municipal Ordinances 438.041
Definition 438.042
Duties of Executive Commissioner 438.043
Requirements for Accreditation 438.044
Application for Accreditation 438.045
Audit of Education and Training Programs 438.046
List of Accredited Programs 438.047
Fees 438.061
Food Inspections by Type a General-law Municipality 438.101
Definitions 438.102
Certification Program 438.103
Certification and Renewal of Certification 438.104
Approval of Examinations 438.105
Certificate as Evidence of Compliance with Other Law 438.106
Powers and Duties of Executive Commissioner 438.151
Definition 438.152
Request for Information 438.153
Request for Official Determination 438.154
Effect of Official Determination 438.155
Rules 438.201
No Private Cause of Action 438.202
Certain Regulations Prohibited 438.0431
Basic Food Safety Accreditation 438.1055
Prohibited Requirement of Local Food Manager Card or Local Fee

Accessed:
Jun. 5, 2024

§ 438.153’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._health_and_safety_code_section_438.153

Original Source: Section 438.153 — Request for Official Determination, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.438.htm#438.153 (last accessed Jun. 5, 2024).