1-1 By: Smith (Senate Sponsor - Moncrief) H.B. No. 1838
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on Health
1-4 Services; May 5, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 5, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the practice of professional
1-9 sanitarians; providing a penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 5, Chapter 300, Acts of the 59th
1-12 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
1-13 Civil Statutes), is amended by amending Subsections (a) and (b)
1-14 and adding Subsection (e) to read as follows:
1-15 (a) The Board, upon application on the form prescribed by
1-16 it[,] and upon the payment of a registration fee set by the Board
1-17 [of Ten Dollars ($10.00)], shall issue a certificate of
1-18 registration as a professional sanitarian to any person who has the
1-19 qualifications stipulated under the provisions of this Act[,] and
1-20 who submits evidence by passing a written examination prescribed by
1-21 the Board satisfactory to the Board that the applicant is qualified
1-22 under the provisions of this Act. In evaluating the evidence
1-23 submitted to it, the Board shall carefully consider the applicant's
1-24 knowledge and understanding of the principles of sanitation and[,]
1-25 the physical, biological, and social sciences.
1-26 (b) Any person who applies for registration shall have had
1-27 not less than two years [one (1) year] of full time experience in
1-28 the field of sanitation and shall have completed training in the
1-29 basic sciences and/or public health to the extent deemed necessary
1-30 by the Board in order to effectively serve as a registered
1-31 sanitarian. The educational requirements set forth by the Board
1-32 shall include the requirement that an applicant have graduated from
1-33 an accredited college or university with at least a bachelor's
1-34 degree that includes at least 30 semester hours in basic or applied
1-35 science [not be at variance with the definition for Sanitarian set
1-36 forth by the Position Classification Act of 1961]. Other
1-37 qualifications may be established by the Board in accordance with
1-38 the rules and regulations adopted under this Act. Persons employed
1-39 in the field of sanitation who meet all qualifications for
1-40 registration as a professional sanitarian, except the
1-41 qualifications of experience, shall, upon the approval by the Board
1-42 and after payment of a registration fee prescribed by the Board for
1-43 a sanitarian in training [of Five Dollars ($5.00)] and [by] passing
1-44 a written examination prescribed by the Board, be granted a
1-45 certificate of Sanitarian in Training. This certificate shall
1-46 remain in effect unless revoked by the Board for a period not to
1-47 exceed two years [one (1) year] after date of issue.
1-48 (e) An applicant under this section must pay an examination
1-49 fee prescribed by the Board to take a license examination
1-50 administered under this Act.
1-51 SECTION 2. Section 6, Chapter 300, Acts of the 59th
1-52 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
1-53 Civil Statutes), is amended to read as follows:
1-54 Sec. 6. RENEWAL OF CERTIFICATES; FEE; DELINQUENCY AND
1-55 REINSTATEMENT. Every professional sanitarian registered under the
1-56 provisions of this Act who desires to actively continue in the
1-57 field of sanitation shall [annually] pay to the Board a renewal fee
1-58 prescribed [to be fixed] by the Board and provide proof of
1-59 completion of continuing education contact hours as established by
1-60 the Board [for the annual renewal of each license, but the fee for
1-61 renewal of license shall not be fixed in excess of Ten Dollars
1-62 ($10.00)]. Certificates of registration revoked for failure to pay
1-63 renewal fees shall be reinstated under the rules and regulations of
1-64 the Board.
2-1 SECTION 3. Section 8(a), Chapter 300, Acts of the 59th
2-2 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
2-3 Civil Statutes), is amended to read as follows:
2-4 (a) The Board shall:
2-5 (1) issue regulations consistent with the provisions
2-6 of this Act for the administration and enforcement of this Act;
2-7 (2) prescribe fees under this Act;
2-8 (3) administer the continuing education requirements
2-9 of this Act; and
2-10 (4) [shall] prescribe forms which shall be issued in
2-11 connection therewith.
2-12 SECTION 4. Section 12, Chapter 300, Acts of the 59th
2-13 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
2-14 Civil Statutes), is amended to read as follows:
2-15 Sec. 12. REGISTRATION REQUIRED; OFFENSES. (a) A [After
2-16 six (6) months from the effective date of this Act, no] person
2-17 engaging or offering to engage in work in the field of
2-18 sanitation[,] in this state may not [shall] represent himself to be
2-19 a sanitarian, or use any title containing the word "sanitarian,"
2-20 unless he is a registrant in good standing with the Board, either
2-21 as a registered professional sanitarian or as a sanitarian in
2-22 training.
2-23 (b) A person commits an offense if the person [Any person
2-24 who] violates any provisions of this Section.
2-25 (c) An offense under Subsection (b) of this Section is a
2-26 Class C [shall be guilty of a] misdemeanor [and shall be fined not
2-27 less than Ten Dollars ($10.00) nor more than Two Hundred Dollars
2-28 ($200.00)].
2-29 SECTION 5. (a) Except as provided by Subsection (b) of this
2-30 section, this Act takes effect September 1, 1999.
2-31 (b) The change in law made by this Act to the educational
2-32 requirements for registration as a professional sanitarian under
2-33 Section 5(b), Chapter 300, Acts of the 59th Legislature, Regular
2-34 Session, 1965 (Article 4477-3, Vernon's Texas Civil Statutes),
2-35 takes effect September 1, 2001.
2-36 SECTION 6. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended.
2-41 * * * * *