BILL ANALYSIS


                                                        H.B. 2553
                                              By: Madden (Harris)
                                             Economic Development
                                                          5-12-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Texas Department of Health, in accordance with legislation
enacted last session, has begun to inspect, regulate, and require
permitting of bed and breakfast establishments as food service
establishments and enforcing attendance at education and training
courses for persons engaging in food preparation and handling. It
is seldom that a meal other than breakfast is provided to guests
who stay at a bed and breakfast establishment, and the number of
people served often approximate the number gathered at a family
meal for a special occasion.

PURPOSE

As proposed, H.B. 2553 provides 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; regulates bed and breakfast establishments as food
service establishments.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health, commissioners court, governing body,
or administrative board under SECTION 1 (Sec. 437.019(b), Health
and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 437, Health and Safety Code, by adding
Section 437.019, as follows:

     Sec. 437.019. EXEMPTION FOR CERTAIN BED AND BREAKFAST
     ESTABLISHMENTS. (a) Provides that, except as provided by
     Subsection (c), 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 this chapter. Requires an owner or manager or a
     bed and breakfast establishment covered by this subsection to
     successfully complete a food manager's certification course
     accredited by the Texas Department of Health.
     
     (b) Provides that, except as provided by Subsection (c), a
       bed and breakfast establishment that has more than seven
       rooms for rent, or that provides food service other than
       breakfast to its overnight guests, is a food service
       establishment for purposes of this chapter but may not be
       required to meet all criteria applicable to a larger food
       service establishment such as a restaurant. Requires the
       Texas Board of Health, commissioners court, governing body,
       or administrative board, as applicable, to adopt minimum
       standards for a bed and breakfast establishment covered by
       this subsection.
       
       (c) Provides that a bed and breakfast establishment that
       provides food service other than to overnight guests is a
       food service establishment for purposes of this chapter and
       is subject to all rules and regulations applicable to a food
       service establishment.
       
       SECTION 2.   Emergency clause.
           Effective date: upon passage.