1-1  By:  Madden, et al. (Senate Sponsor - Harris)         H.B. No. 2553
    1-2        (In the Senate - Received from the House May 8, 1995;
    1-3  May 9, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 18, 1995, reported favorably by the following
    1-5  vote:  Yeas 7, Nays 0; May 18, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the regulation of bed and breakfast establishments as
    1-9  food service establishments.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 437, Health and Safety Code, is amended
   1-12  by adding Section 437.019 to read as follows:
   1-13        Sec. 437.019.  EXEMPTION FOR CERTAIN BED AND BREAKFAST
   1-14  ESTABLISHMENTS.  (a)  Except as provided by Subsection (c), a bed
   1-15  and breakfast establishment with seven or fewer rooms for rent that
   1-16  serves only breakfast to its overnight guests is not a food service
   1-17  establishment for purposes of this chapter.  An owner or manager of
   1-18  a bed and breakfast establishment covered by this subsection shall
   1-19  successfully complete a food manager's certification course
   1-20  accredited by the department.
   1-21        (b)  Except as provided by Subsection (c), a bed and
   1-22  breakfast establishment that has more than seven rooms for rent, or
   1-23  that provides food service other than breakfast to its overnight
   1-24  guests, is a food service establishment for purposes of this
   1-25  chapter but may not be required to meet all criteria applicable to
   1-26  a larger food service establishment such as a restaurant.  The
   1-27  board, commissioners court, governing body, or administrative
   1-28  board, as applicable, shall adopt minimum standards for a bed and
   1-29  breakfast establishment covered by this subsection.
   1-30        (c)  A bed and breakfast establishment that provides food
   1-31  service other than to overnight guests is a food service
   1-32  establishment for purposes of this chapter and is subject to all
   1-33  rules and regulations applicable to a food service establishment.
   1-34        SECTION 2.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended,
   1-39  and that this Act take effect and be in force from and after its
   1-40  passage, and it is so enacted.
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