74R11895 E By Madden, Combs, Rabuck, Uher, Janek, et al. H.B. No. 2553 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of bed and breakfast establishments as 1-3 food service establishments. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 437, Health and Safety Code, is amended 1-6 by adding Section 437.019 to read as follows: 1-7 Sec. 437.019. EXEMPTION FOR CERTAIN BED AND BREAKFAST 1-8 ESTABLISHMENTS. (a) Except as provided by Subsection (c), a bed 1-9 and breakfast establishment with seven or fewer rooms for rent that 1-10 serves only breakfast to its overnight guests is not a food service 1-11 establishment for purposes of this chapter. An owner or manager of 1-12 a bed and breakfast establishment covered by this subsection shall 1-13 successfully complete a food manager's certification course 1-14 accredited by the department. 1-15 (b) Except as provided by Subsection (c), a bed and 1-16 breakfast establishment that has more than seven rooms for rent, or 1-17 that provides food service other than breakfast to its overnight 1-18 guests, is a food service establishment for purposes of this 1-19 chapter but may not be required to meet all criteria applicable to 1-20 a larger food service establishment such as a restaurant. The 1-21 board, commissioners court, governing body, or administrative 1-22 board, as applicable, shall adopt minimum standards for a bed and 1-23 breakfast establishment covered by this subsection. 1-24 (c) A bed and breakfast establishment that provides food 2-1 service other than to overnight guests is a food service 2-2 establishment for purposes of this chapter and is subject to all 2-3 rules and regulations applicable to a food service establishment. 2-4 SECTION 2. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted.