SRC-PNG H.B. 2013 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2013
76R6363 JRD-FBy: Hilderbran (Madla)
Health Services
5/10/1999
Engrossed


DIGEST 

Until 1995, the quality of bottled and vended water in Texas was overseen
by the Department of Health (TDH).  When authority for enforcing
regulations on drinking water from municipalities was transferred to the
Texas Natural Resource Conservation Commission by a memorandum of
understanding in 1995, the regulation of bottled and vended water was not
addressed.  This resulted in TDH losing its authority to continue to
administer the operator certification program for bottled and vended water.
This bill would restore the authority of TDH to administer the operator
certification program for bottled and vended water and provides fees to
sustain this service. 

PURPOSE

As proposed, H.B. 2013 restores the authority of the Department of Health
to administer the operator certification program for bottled and vended
water and provides fees to sustain this service. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Health in SECTION 1
(Section 441.003, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6A, Health and Safety Code, by adding Chapter 441,
as follows: 

CHAPTER 441.  REGULATION OF BOTTLED AND VENDED DRINKING WATER

Sec.  441.001.  DEFINITION.  Defines "department."

Sec.  441.002.  CERTIFICATION OF BOTTLED AND VENDED WATER OPERATORS.
Prohibits a bottled or vended water operator (operator) from furnishing or
distributing bottled or vended water (water) unless the operator holds a
certificate of competency under this chapter.  Prohibits a person from
furnishing water to the public or for distribution to the public unless the
processing, bottling, and distribution of the water are performed by or
under the supervision of an operator who holds a certificate of competency
under this chapter. Requires an applicant to pay the Department of Health
(TDH) a $25 fee to obtain or renew a certificate of competency.  Requires
TDH, on receipt of the required fee, to provide for the testing of the
applicant and issue a certificate of competency if the applicant passes the
test. 

Sec.  441.003.  RULES.  Authorizes TDH to adopt rules necessary to
implement this chapter, which may include rules relating to certificate
suspension, revocation, or other disciplinary action and relating to
certificate renewal. 

SECTION 2. (a) Effective date: September 1, 1999.

(b) Provides that Chapter 441, Health and Safety Code, does not apply to
bottled or vended water produced before December 1, 1999. 

SECTION 3. Emergency clause.