Amend HB 1444 as follows:
            (1) On page 8, line 23, insert the following after
Section 7 of the bill and renumber the subsequent sections
appropriately:
      Section 8.  Chapter 121, Health and Safety Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G.  CERTIFICATION OF FOOD MANAGERS BY PUBLIC HEALTH
AUTHORITIES.
      Sec. 121.101.  DEFINITIONS.  In this subchapter:
            (1)  "Board" means the Texas Board of Health.
            (2)  "Department" means the Texas Department of Health.
            (3)  "Food establishment" means a fixed or mobile
location retail establishment where food is prepared on-site for
sale to the public.
            (4)  "Food manager" means the individual who conducts,
manages, or operates a food establishment.
      Sec. 121.102.  CERTIFICATION.  (a)  The board, a local county
or municipal health department or public health district may
require a person permitted by that entity who owns, conducts,
maintains, manages, or operates a food establishment in the
entity's jurisdiction to employ a food manager who holds a food
manager certificate issued under this subchapter.
      (b)  A food establishment that handles only prepackaged
non-potentially hazardous food is exempt from the requirements of
this section.  The board may adopt rules to exempt other
establishments under this subsection as is appropriate.
      Sec. 121.103.  QUALIFICATIONS FOR CERTIFICATION.  (a)  A
person may receive certification and re-certification as a food
manager by passage of a state-accredited examination.
      (b)  The board by rule shall prescribe the requirements for
issuance and renewal of a certificate under this subchapter.  The
board shall adopt criteria to approve examinations that are
developed by federal, state, or local government agencies, national
testing organizations or trade associations of permittees.
Examinations approved by the department before the effective date
of this legislation shall be considered to meet the examination
criteria.
      (c)  Food manager certification and re-certification obtained
under this section shall be accepted as having met the training and
testing requirements under Section 438.046(b) of this Code.
      (d)  The board by rule shall establish an implementation
schedule for certification under this subchapter.  Testing sites
and frequency of testing shall be established so as to avoid
inconvenience or hardship to food managers.  In administering this
subchapter the board shall consider the impact of the distance
traveled and the time expended by a food manager in obtaining
certification.  The board shall give particular consideration to
mitigating the impact of this subchapter on food managers in rural
areas.
      Sec. 121.104.  POWERS AND DUTIES.  (a)  The board may adopt a
fee not to exceed thirty dollars for a three year certification
under this subchapter and such fee shall not exceed the amount
necessary to administer this subchapter.
      (b)  The board may adopt rules for the denial, suspension,
and revocation of a food manager certificate issued under this
subchapter.
      (c)  The board by rule may prescribe standards for
examination sites, fees for site costs and site audits for
administration of this subchapter.