76R10535 JMM-D
By Smith H.B. No. 1838
Substitute the following for H.B. No. 1838:
By Allen C.S.H.B. No. 1838
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of professional
1-3 sanitarians; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Chapter 300, Acts of the 59th
1-6 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
1-7 Civil Statutes), is amended by amending Subsections (a) and (b)
1-8 and adding Subsection (e) to read as follows:
1-9 (a) The Board, upon application on the form prescribed by
1-10 it[,] and upon the payment of a registration fee set by the Board
1-11 [of Ten Dollars ($10.00)], shall issue a certificate of
1-12 registration as a professional sanitarian to any person who has the
1-13 qualifications stipulated under the provisions of this Act[,] and
1-14 who submits evidence by passing a written examination prescribed by
1-15 the Board satisfactory to the Board that the applicant is qualified
1-16 under the provisions of this Act. In evaluating the evidence
1-17 submitted to it, the Board shall carefully consider the applicant's
1-18 knowledge and understanding of the principles of sanitation and[,]
1-19 the physical, biological, and social sciences.
1-20 (b) Any person who applies for registration shall have had
1-21 not less than two years [one (1) year] of full time experience in
1-22 the field of sanitation and shall have completed training in the
1-23 basic sciences and/or public health to the extent deemed necessary
1-24 by the Board in order to effectively serve as a registered
2-1 sanitarian. The educational requirements set forth by the Board
2-2 shall include the requirement that an applicant have graduated from
2-3 an accredited college or university with at least a bachelor's
2-4 degree that includes at least 30 semester hours in basic or applied
2-5 science [not be at variance with the definition for Sanitarian set
2-6 forth by the Position Classification Act of 1961]. Other
2-7 qualifications may be established by the Board in accordance with
2-8 the rules and regulations adopted under this Act. Persons employed
2-9 in the field of sanitation who meet all qualifications for
2-10 registration as a professional sanitarian, except the
2-11 qualifications of experience, shall, upon the approval by the Board
2-12 and after payment of a registration fee prescribed by the Board for
2-13 a sanitarian in training [of Five Dollars ($5.00)] and [by] passing
2-14 a written examination prescribed by the Board, be granted a
2-15 certificate of Sanitarian in Training. This certificate shall
2-16 remain in effect unless revoked by the Board for a period not to
2-17 exceed two years [one (1) year] after date of issue.
2-18 (e) An applicant under this section must pay an examination
2-19 fee prescribed by the Board to take a license examination
2-20 administered under this Act.
2-21 SECTION 2. Section 6, Chapter 300, Acts of the 59th
2-22 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 Sec. 6. RENEWAL OF CERTIFICATES; FEE; DELINQUENCY AND
2-25 REINSTATEMENT. Every professional sanitarian registered under the
2-26 provisions of this Act who desires to actively continue in the
2-27 field of sanitation shall [annually] pay to the Board a renewal fee
3-1 prescribed [to be fixed] by the Board and provide proof of
3-2 completion of continuing education contact hours as established by
3-3 the Board [for the annual renewal of each license, but the fee for
3-4 renewal of license shall not be fixed in excess of Ten Dollars
3-5 ($10.00)]. Certificates of registration revoked for failure to pay
3-6 renewal fees shall be reinstated under the rules and regulations of
3-7 the Board.
3-8 SECTION 3. Section 8(a), Chapter 300, Acts of the 59th
3-9 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
3-10 Civil Statutes), is amended to read as follows:
3-11 (a) The Board shall:
3-12 (1) issue regulations consistent with the provisions
3-13 of this Act for the administration and enforcement of this Act;
3-14 (2) prescribe fees under this Act;
3-15 (3) administer the continuing education requirements
3-16 of this Act; and
3-17 (4) [shall] prescribe forms which shall be issued in
3-18 connection therewith.
3-19 SECTION 4. Section 12, Chapter 300, Acts of the 59th
3-20 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
3-21 Civil Statutes), is amended to read as follows:
3-22 Sec. 12. REGISTRATION REQUIRED; OFFENSES. (a) A [After
3-23 six (6) months from the effective date of this Act, no] person
3-24 engaging or offering to engage in work in the field of
3-25 sanitation[,] in this state may not [shall] represent himself to be
3-26 a sanitarian, or use any title containing the word "sanitarian,"
3-27 unless he is a registrant in good standing with the Board, either
4-1 as a registered professional sanitarian or as a sanitarian in
4-2 training.
4-3 (b) A person commits an offense if the person [Any person
4-4 who] violates any provisions of this Section.
4-5 (c) An offense under Subsection (b) of this Section is a
4-6 Class C [shall be guilty of a] misdemeanor [and shall be fined not
4-7 less than Ten Dollars ($10.00) nor more than Two Hundred Dollars
4-8 ($200.00)].
4-9 SECTION 5. (a) Except as provided by Subsection (b) of this
4-10 section, this Act takes effect September 1, 1999.
4-11 (b) The change in law made by this Act to the educational
4-12 requirements for registration as a professional sanitarian under
4-13 Section 5(b), Chapter 300, Acts of the 59th Legislature, Regular
4-14 Session, 1965 (Article 4477-3, Vernon's Texas Civil Statutes),
4-15 takes effect September 1, 2001.
4-16 SECTION 6. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.