89R27043 MLH-D     By: Phelan, Ordaz, Harris Davila H.B. No. 5212     Substitute the following for H.B. No. 5212:     By:  Button C.S.H.B. No. 5212       A BILL TO BE ENTITLED   AN ACT   relating to the disclosure of mandatory fees or surcharges charged   to a consumer by a food service establishment; authorizing an   administrative penalty.          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.  DISCLOSURE OF MANDATORY FEE OR SURCHARGE   CHARGED BY FOOD SERVICE ESTABLISHMENT; ADMINISTRATIVE PENALTY.  (a)   A food service establishment that charges to a consumer dining in   the establishment a mandatory fee or surcharge other than a tax or   fee imposed by a governmental entity shall disclose the fee or   surcharge on the establishment's printed menu in a standard font   type and size that is reasonably easy for a consumer to read.          (b)  A food service establishment that does not use a printed   menu shall provide the disclosure in the manner required by   Subsection (a) on a menu board, online menu, sign at the entrance to   the food service establishment's premises, or other place   reasonably likely to be seen by a consumer.          (c)  The department, a public health district, a county, or a   municipality that regulates a food service establishment under this   chapter may impose an administrative penalty on an establishment   for a violation of this section.  An entity imposing a penalty under   this subsection shall determine the amount of the penalty based on   the seriousness of the violation.          (d)  This section may not be construed to create a private   cause of action or change any common law or statutory duty.          SECTION 2.  This Act takes effect September 1, 2025.