BILL ANALYSIS



C.S.H.B. 2553
By: Madden
4-25-95
Committee Report (Substituted)


BACKGROUND

     The Texas Department of Health, in accordance with legislation
enacted last session, has begun to inspect, regulate and require
permitting of bed and breakfasts as food service establishments and
enforcing attendance at education and training courses for persons
engaging in food preparation/handling.  It is seldom that a meal
other than breakfast is provided to guests which stay at a bed and
breakfast establishment (hence, their name), and the numbers of
people served often approximates the number gathered at a family
meal for a holiday or other special occasions.  When a sizeable
crowd is served, or guests are provided multiple opportunities to
eat, those who engage in these larger-scale and/or more continuous
operations should be subject to provisions of the retail food
inspection and permitting program and rules on food service
sanitation.

PURPOSE

     H.B. 2553 exempts from the Retail Food Inspection Program and
the Rules on Food Service Sanitation any bed and breakfast
establishment with five or fewer rooms for rent.  However, no bed
and breakfast food preparer/handler is waived from education and
training programs for persons employed in the food service
industry.  Any bed and breakfast with more than five rooms for rent
is categorized as a food service establishment, but may not have to
meet the more rigid criteria imposed on restaurants and similar
facilities if it does not function like one.  Any bed and breakfast
establishment of any size that hosts receptions or provides
catering services is considered a food service establishment and
comes under the rules and regulations that apply to any and all
food service establishments.

RULEMAKING AUTHORITY

     The board, commissioner's court, governing body, or
administrative board, as applicable, may establish minimum
standards for bed and breakfast establishments as stipulated in
Section 437.019(b).

SECTION BY SECTION ANALYSIS

     SECTION 1:  Amends Chapter 437, Health and Safety Code, by
adding Section 437.019, EXEMPTION FOR CERTAIN BED AND BREAKFAST
ESTABLISHMENTS.  (a) States that a bed and breakfast establishment
with seven or fewer rooms for rent that serves only breakfast to
its overnight guests, is not a food service establishment for
purposes of Chapter 437.  An owner or manager of a bed and
breakfast shall successfully complete a food manager's
certification course accredited by the department.

     (b) A bed and breakfast establishment with more than seven
rooms for rent or provides food service other than breakfast to its
overnight guests, may not be required to meet all criteria
applicable to larger food service establishments such as a
restaurant.   The board, commissioners court, governing body, or
administrative board, shall adopt minimum standards for a bed and
breakfast establishment covered by this subsection.

     (c) A bed and breakfast establishment that provides service to
overnight guests, of any size, is a food service establishment for
purposes of Chapter 437, and is subject to all rules and
regulations applicable to a food service establishment.

     SECTION 2:  Effective date and emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The major differences between H.B. 2553, as introduced, and the
committee substitute are:

SECTION 1.  (a)  The committee substitute changes the room number
requirement from 5 (five) to 7 (seven).  The substitute emphasizes
also that a bed and breakfast that only serves breakfast to
overnight guest, is not a food service establishment.  This
subsection also adds that an owner or manager of a bed and
breakfast must successfully complete a food manager's certification
course accredited by the department.

(b)  The committee substitute changes the room number requirement
from 5 (five) to 7 (seven).  The substitute also adds that a bed
and breakfast that provides food service other than breakfast to
its overnight guests, is a food service establishment.

(c)  The substitute provides that a bed and breakfast establishment
that provides food services other than to overnight guests is a
food service under this chapter.

SUMMARY OF COMMITTEE ACTION

The Business and Industry Committee considered H.B. 2553 in a
public hearing on April 25, 1995.  The following witnesses
testified in favor of H.B. 2553:    Kay C. Jackson, representing
Austin's Wildflower Inn; Sandra Villalaz-Dickson, representing
Woodburn House Bed and Breakfast; Don Hansen, representing Texas
Hotel and Motel Association.  The following witness testified on
H.B. 2553:  Steve McAndrew, representing Texas Department of
Health.  The committee considered a complete committee substitute
for the bill.  1 (one) amendment was offered to the substitute. 
The 1 (one) amendment was adopted without objection.  The committee
substitute, as amended, was adopted without objection.  The chair
directed the staff to incorporate the amendment into the
substitute.  H.B. 2553, as substituted, was reported favorably with
the recommendation that it do pass and be printed and be sent to
the Committee on Local and Consent Calendars, by a record vote of
7 (seven) ayes, 0 (zero) nays, 0 (zero) present-not-voting, 2 (two)
absent.