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                                  * * * * *