JH H.B. 1012 75(R)    BILL ANALYSIS


URBAN AFFAIRS
H.B. 1012
By: Counts
4-10-97
Committee Report (Unamended)



BACKGROUND 

Home-rule municipalities in the western region of the State are not
adequately served by the Texas Department of Health (TDH) due to distance
and travel time from cities where the Health Authority is located.   The
City of Big Spring currently contracts with the Texas Department of Health
(TDH) to provide the services of the Health Authority and all public
health related matters.  The Health Authority (a licensed physician) is
located in El Paso, Texas 350 miles away.  The TDH will only provide the
on site services of the Health Authority one week a year for food service
inspections.  Many environmental health problems are neglected due to lack
of local authority to administer the Health Code.  The appointment of a
local Health Authority would be a burden on the city budget.   The City
currently employs a Registered Professional Engineer who could perform
these duties at no additional cost to the City.   Removing the population
restriction from the current Texas Health Code Section 341.082 would allow
HomeRule Municipalities to use a Registered Professional Engineer to
enforce the Health Code on a timely basis. 

PURPOSE

Remove the population restriction from the current Texas Health Code
Section 341.082. Appointment of Environmental Health Officer in Certain
Home-Rule Municipalities.  Remove the clause "with population with at
least one million" from the stated chapter of the code. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Section 341.082(a), Health and Safety Code is amended by
removing population   requirement of one million for home rule appointment
of environmental health   officer. 

SECTION 2. Emergency clause.