HBA-MPM H.B. 2013 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2013 By: Hilderbran Public Health 3/23/1999 Introduced BACKGROUND AND PURPOSE 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. H.B. 2013 restores the authority of TDH to administer the operator certification program for bottled and vended water and provides fees to sustain this service. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 441.003, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle A, Title 6, 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" as the Texas Department of Health (TDH) in this chapter. Sec. 441.002. CERTIFICATION OF BOTTLED AND VENDED WATER OPERATORS. (a) 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. (b) Provides that an applicant must pay TDH a $25 fee to obtain or renew a certificate. (c) 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. Effective date: September 1, 1999. Makes application of this Act prospective to bottled or vended water produced on or after December 1, 1999. SECTION 3. Emergency clause.