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.