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.