By Madden, Combs, Rabuck, Uher, Janek H.B. No. 2553 74R6968 KLL-D 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 five or fewer rooms for rent is 1-10 not a food service establishment for purposes of this chapter. An 1-11 employee of a bed and breakfast establishment covered by this 1-12 subsection is not exempt from any education and training program 1-13 for persons employed in the food service industry that would 1-14 otherwise be required of the employee. 1-15 (b) Except as provided by Subsection (c), a bed and 1-16 breakfast establishment with more than five rooms for rent is a 1-17 food service establishment for purposes of this chapter but may not 1-18 be required to meet all criteria applicable to a larger food 1-19 service establishment such as a restaurant. The board, 1-20 commissioners court, governing body, or administrative board, as 1-21 applicable, shall adopt minimum standards for a bed and breakfast 1-22 establishment covered by this subsection. 1-23 (c) A bed and breakfast establishment of any size that hosts 1-24 receptions or provides catering services is a food service 2-1 establishment for purposes of this chapter and is subject to all 2-2 rules and regulations applicable to a food service establishment. 2-3 SECTION 2. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended, 2-8 and that this Act take effect and be in force from and after its 2-9 passage, and it is so enacted.