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.