89th Legislature Regular Session

HB 2625

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2625 seeks to preempt local regulations that restrict or penalize certain types of late-night and overnight deliveries to food service establishments in Texas. Specifically, the bill adds a new section—437.029—to the Health and Safety Code, establishing that local authorities such as municipalities, counties, public health districts, and the Texas Department of State Health Services may not require sound regulation permits, charge sound-related fees, or otherwise prohibit sound from deliveries conducted between the hours of 10:00 p.m. and 5:00 a.m. when the delivery lasts no more than one hour and does not exceed 65 decibels as measured from the nearest residential property. The bill also requires that such sound measurements exclude background and traffic noise that can be reasonably filtered out.

The legislation is tailored to accommodate the operational needs of food service businesses that rely on off-peak deliveries for goods such as food, nonalcoholic beverages, ice, and service supplies. Many establishments, particularly those that operate late at night or 24 hours a day, face challenges from local noise ordinances that impose time-based restrictions or require special permits and fees for nighttime logistics. HB 2625 responds to this regulatory inconsistency by creating a uniform statewide standard that permits such activity under narrowly defined conditions.

The bill does not give businesses a blanket exemption from noise regulations but balances operational flexibility with community concerns. The 65 dBA threshold provides a reasonable safeguard to minimize disturbances for nearby residents, while the time and duration limits prevent abuse of the provision. In doing so, HB 2625 aims to enhance predictability and efficiency for food service operations without compromising residential quality of life.

The originally filed version of HB 2625 and the Committee Substitute are nearly identical in structure and intent, but they differ significantly in one key area: the allowable sound threshold for late-night and overnight deliveries.

In the original bill, the maximum sound level permitted for these deliveries is 75 dBA (A-weighted decibels), measured from the nearest residential property, excluding traffic and other background noise. This threshold was likely chosen to offer more flexibility to food service establishments receiving deliveries during off-peak hours.

However, the Committee Substitute lowers this permissible limit to 65 dBA, which is a substantial reduction of 10 decibels. While a 10 dBA decrease may appear minor, it represents a perceived halving of loudness to the human ear. This adjustment reflects a compromise designed to better balance the interests of nearby residential areas with those of commercial establishments.

All other aspects—such as the timeframe (10:00 p.m. to 5:00 a.m.), the one-hour delivery duration limit, the exemption from local permits or sound-related fees, and the types of items deliverable—remain unchanged. The modification to the decibel cap is the sole but meaningful change, indicating a shift toward greater consideration for noise impacts on neighborhoods while still achieving the bill’s core goal of limiting local regulatory burdens on food service deliveries.
Author
Mano DeAyala
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2625 is not expected to have a significant fiscal implication for the state. Any administrative costs associated with implementing the bill’s provisions, such as enforcement clarity or potential adjustments to public health regulations, are assumed to be absorbable within existing resources by relevant state agencies like the Department of State Health Services.

However, for local governments, the fiscal impact is more uncertain. The bill prohibits municipalities, counties, and public health districts from requiring permits or imposing fees related to sound from specific overnight deliveries to food service establishments. For jurisdictions that currently rely on such permits or fee structures for local revenue or regulatory control, this could result in a loss of income or require adjustments in enforcement practices. The LBB explicitly notes that the fiscal implications for local governments "cannot be determined at this time," suggesting variability based on how extensively local jurisdictions had previously regulated or monetized such delivery activities.

Overall, while the state expects no budgetary disruption, the bill could lead to localized financial adjustments or gaps, especially in urban areas with stricter sound ordinances or active permit systems. The degree of local fiscal impact will likely depend on the extent to which individual governments previously engaged in regulating or collecting fees from such commercial deliveries.

Vote Recommendation Notes

HB 2625 is a targeted and principled bill that enhances regulatory clarity for food service establishments while respecting both residential peace and business efficiency. The bill prevents state and local authorities from requiring sound-related permits or fees—or from otherwise prohibiting sound—arising from late-night or overnight deliveries to food service establishments, provided those deliveries occur between 10:00 p.m. and 5:00 a.m., last no more than one hour, and do not exceed 65 dBA when measured from the nearest residential property.

Crucially, this bill does not expand the size or scope of government. In fact, it reduces government involvement by preempting a specific layer of local regulatory authority that has created compliance uncertainty for businesses. The Legislative Budget Board determined that there is no significant fiscal implication to the state and that any implementation costs could be absorbed using existing resources. While some local governments may lose revenue from fees or enforcement actions, the bill does not create new programs, bureaucracies, or costs for taxpayers.

Moreover, HB 2625 does not increase the regulatory burden on individuals or businesses. Rather, it alleviates it. By eliminating the need for sound permits and removing potential fees related to qualifying deliveries, the bill lightens the administrative and financial load carried by food service establishments and their suppliers. This promotes operational flexibility, especially for small businesses that rely on late-hour deliveries to sustain inventory and customer service.

Overall, the bill aligns with key principles of limited government, free enterprise, and individual liberty, offering a pragmatic and balanced solution to a regulatory problem without imposing new burdens or expanding state power.

  • Individual Liberty: The bill defends the rights of business owners to manage their operations, specifically, when and how they receive deliveries, without undue interference from local authorities. It protects their freedom to conduct lawful commercial activity during overnight hours, as long as basic noise standards are met.
  • Personal Responsibility: By setting a clear noise cap (65 dBA) and time limit (one hour), the bill holds businesses accountable for operating responsibly while still allowing them the flexibility to make operational decisions. It encourages establishments to take ownership of managing deliveries in a way that respects neighbors.
  • Free Enterprise: This is the bill's strongest area of alignment. It removes local regulatory barriers that can vary from city to city and burden businesses with permits or fees just for receiving basic deliveries. By eliminating these obstacles, it helps level the playing field for small businesses and strengthens the environment for free-market activity.
  • Private Property Rights: While the bill limits local governments’ ability to enforce sound ordinances on qualifying deliveries, it does so with a built-in protection: the 65 dBA noise limit measured from the nearest residential property. This respects the rights of homeowners not to be unreasonably disturbed while ensuring businesses can still operate efficiently.
  • Limited Government: The bill prevents local governments from overregulating a narrow, low-impact business function. It does not create new state enforcement mechanisms or expand government agencies—it simply removes a specific power from local entities that has been applied inconsistently or punitively.
Related Legislation
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