TRA Victories
TEXAS LEGISLATIVE ROUNDUP
The 80th Session of the Texas Legislature ended on May 28th. While the headlines where filled with the politics of the session, the legislative process continued with passing, amending and killing bills. TRA’s legislative agenda met with a great deal of success thanks mainly to the hard work of our members at the grassroots level, both prior to and during the session.
The best example of this is the three members of the Association who now serve in the Texas House of Representatives. With their willingness to serve and the support of their candidacies by the members of the Association, our industry is in the forefront of the legislative process. We would like to extend a special thanks to former TRA President Rep. Mike Hamilton, owner of Hamilton Catering, Rep. Charlie Geren, owner of the Railhead Smokehouses, and Rep. Mark Homer, owner of Homer Enterprises/Sonic Drive Ins, our big guns at the Capitol.
TRA Victories
TRA scored victories on banning exclusive contracts for grease trap cleaning and the standardization of food handler training.
Cities had begun issuing exclusive contracts for grease trap waste collection and we faced the potential of seeing our cost for this service increase dramatically. Rep. Dennis Bonnen (R), Angelton, and Sen. Jeff Wentworth (R), San Antonio, carried legislation supported by TRA and Southwaste Services, a grease trap service company, to stop the practice of cities granting exclusive contracts which was supported by Liquid Environmental Waste Services.
At least 72 cities require food handlers to be certified and the standards for certification vary widely across the state. The trend of requiring food handlers to be certified is expected to expand. Sen. Bob Deuell (R), Greenville, and Rep. Vickie Truitt (R), Keller, passed legislation which will provide for the accreditation of uniform courses in food safety for food handler certification. This will allow for the development of cost effective training programs similar to those used in food manager certification.
Big Issues that Died
Two issues affecting our industry received significant media attention, the liquor wholesalers’ attempt at direct sales to restaurants and an attempt by the Heart, Lung and Cancer Societies to pass a statewide smoking ban. TRA’s Board met in February to discuss what our position should be in both of these fights. The Board decided to support legislation that would allow both liquor wholesalers and package stores to sell to us and to support a smoking ban so long as it included all businesses. While both of these issues resulted in protracted negotiations and heated debate, neither resulted in legislation which could be passed.
Threats Averted (at least at the state level)
Immigration and a minimum wage increase have been hot topics at both the state and national level. Several proposals were put forward at the state level on both topics.
The immigration debate at the state level was heated and couched in heavy rhetoric on both sides. Several bills were filed to address illegal immigration. None of the bills filed were directly aimed at punishing employers, but one would have required proof of employment eligibility in order to obtain any state occupational permit or license, including food handler cards and TABC certification. This bill did not pass. The practical constraints on what states can do in regard to immigration policy ultimately resulted in the legislature doing little more than increasing support of law enforcement activities at the border.
States can, and do, have the discretion to increase the minimum wage. Several bills were filed increasing the minimum wage, some even indexed the minimum wage to inflation and one repealed our ban on cities adopting a local minimum wage. All of these bills died. Of course, Congress took action on a minimum wage increase at the national level. The minimum wage will increase to $5.85 on July 24, 2007, $6.55 on July 24, 2008 and to $7.25 on July 24, 2009. There is no increase in the cash wage paid to tipped employees of $2.13, but the employee must earn enough in tips to meet the minimum wage.
Other Highlights
Raw oysters have long been known to present health risks, yet patrons want to hold restaurants accountable when they become ill from eating them despite state mandated warnings. Legislation authored by Rep. Craig Eiland (D), Galveston, and Sen. Tommy Williams (R), Woodlands, recognizes the inherit danger in consuming raw oysters which cannot be mitigated by restaurateurs and absolves us from liability if a customer makes the decision to order them.
Legislation by Sen. Mario Gallegos (D), Houston, and Rep. Mike Hamilton (R), Mauriceville (TRA Member), will allow for two year renewals on alcoholic beverage permits. This will cut the hassle of reapplying in half since you will only have to go through this once every other year. This provision will be phased in over time by the Texas Alcoholic Beverage Commission and we expect that permits with more complicated application processes will be the last to go to a two year renewal.
The Governor’s Division of Economic Development and Tourism received full funding from the state hotel occupancy tax to advertise and promote Texas as a tourist destination for 2008-09. This amounts to a total of $80 million for the 2008-09 biennium, which is about $43 million more than last biennium.
New signage will be required for those who serve alcohol. A warning regarding of the dangers of consuming alcohol while pregnant must be posted inside restroom doors. The TABC will be coming out with the specifics of the signage.
The Houston area has long been plagued by a proliferation of “mobile” food vendors who do not comply with laws requiring them to return to a commissary for cleaning and re-supply. Rep. Dwayne Bohac (R), Houston, and Sen. Rodney Ellis (D), Houston, have passed legislation that will bring these operators back in line with the laws that other operators follow.
The 80th Session of the Texas Legislature ended on May 28th. While the headlines where filled with the politics of the session, the legislative process continued with passing, amending and killing bills. TRA’s legislative agenda met with a great deal of success thanks mainly to the hard work of our members at the grassroots level, both prior to and during the session.
The best example of this is the three members of the Association who now serve in the Texas House of Representatives. With their willingness to serve and the support of their candidacies by the members of the Association, our industry is in the forefront of the legislative process. We would like to extend a special thanks to former TRA President Rep. Mike Hamilton, owner of Hamilton Catering, Rep. Charlie Geren, owner of the Railhead Smokehouses, and Rep. Mark Homer, owner of Homer Enterprises/Sonic Drive Ins, our big guns at the Capitol.
TRA Victories
TRA scored victories on banning exclusive contracts for grease trap cleaning and the standardization of food handler training.
Cities had begun issuing exclusive contracts for grease trap waste collection and we faced the potential of seeing our cost for this service increase dramatically. Rep. Dennis Bonnen (R), Angelton, and Sen. Jeff Wentworth (R), San Antonio, carried legislation supported by TRA and Southwaste Services, a grease trap service company, to stop the practice of cities granting exclusive contracts which was supported by Liquid Environmental Waste Services.
At least 72 cities require food handlers to be certified and the standards for certification vary widely across the state. The trend of requiring food handlers to be certified is expected to expand. Sen. Bob Deuell (R), Greenville, and Rep. Vickie Truitt (R), Keller, passed legislation which will provide for the accreditation of uniform courses in food safety for food handler certification. This will allow for the development of cost effective training programs similar to those used in food manager certification.
Big Issues that Died
Two issues affecting our industry received significant media attention, the liquor wholesalers’ attempt at direct sales to restaurants and an attempt by the Heart, Lung and Cancer Societies to pass a statewide smoking ban. TRA’s Board met in February to discuss what our position should be in both of these fights. The Board decided to support legislation that would allow both liquor wholesalers and package stores to sell to us and to support a smoking ban so long as it included all businesses. While both of these issues resulted in protracted negotiations and heated debate, neither resulted in legislation which could be passed.
Threats Averted (at least at the state level)
Immigration and a minimum wage increase have been hot topics at both the state and national level. Several proposals were put forward at the state level on both topics.
The immigration debate at the state level was heated and couched in heavy rhetoric on both sides. Several bills were filed to address illegal immigration. None of the bills filed were directly aimed at punishing employers, but one would have required proof of employment eligibility in order to obtain any state occupational permit or license, including food handler cards and TABC certification. This bill did not pass. The practical constraints on what states can do in regard to immigration policy ultimately resulted in the legislature doing little more than increasing support of law enforcement activities at the border.
States can, and do, have the discretion to increase the minimum wage. Several bills were filed increasing the minimum wage, some even indexed the minimum wage to inflation and one repealed our ban on cities adopting a local minimum wage. All of these bills died. Of course, Congress took action on a minimum wage increase at the national level. The minimum wage will increase to $5.85 on July 24, 2007, $6.55 on July 24, 2008 and to $7.25 on July 24, 2009. There is no increase in the cash wage paid to tipped employees of $2.13, but the employee must earn enough in tips to meet the minimum wage.
Other Highlights
Raw oysters have long been known to present health risks, yet patrons want to hold restaurants accountable when they become ill from eating them despite state mandated warnings. Legislation authored by Rep. Craig Eiland (D), Galveston, and Sen. Tommy Williams (R), Woodlands, recognizes the inherit danger in consuming raw oysters which cannot be mitigated by restaurateurs and absolves us from liability if a customer makes the decision to order them.
Legislation by Sen. Mario Gallegos (D), Houston, and Rep. Mike Hamilton (R), Mauriceville (TRA Member), will allow for two year renewals on alcoholic beverage permits. This will cut the hassle of reapplying in half since you will only have to go through this once every other year. This provision will be phased in over time by the Texas Alcoholic Beverage Commission and we expect that permits with more complicated application processes will be the last to go to a two year renewal.
The Governor’s Division of Economic Development and Tourism received full funding from the state hotel occupancy tax to advertise and promote Texas as a tourist destination for 2008-09. This amounts to a total of $80 million for the 2008-09 biennium, which is about $43 million more than last biennium.
New signage will be required for those who serve alcohol. A warning regarding of the dangers of consuming alcohol while pregnant must be posted inside restroom doors. The TABC will be coming out with the specifics of the signage.
The Houston area has long been plagued by a proliferation of “mobile” food vendors who do not comply with laws requiring them to return to a commissary for cleaning and re-supply. Rep. Dwayne Bohac (R), Houston, and Sen. Rodney Ellis (D), Houston, have passed legislation that will bring these operators back in line with the laws that other operators follow.
