76R14266 JMM-F
By Uresti H.B. No. 2293
Substitute the following for H.B. No. 2293:
By Uresti C.S.H.B. No. 2293
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the certification of food managers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 438, Health and Safety Code, is amended
1-5 by adding Subchapter G to read as follows:
1-6 SUBCHAPTER G. CERTIFICATION OF FOOD MANAGERS
1-7 Sec. 438.101. DEFINITIONS. In this subchapter:
1-8 (1) "Board" means the Texas Board of Health.
1-9 (2) "Department" means the Texas Department of Health.
1-10 (3) "Food establishment" means a fixed or mobile
1-11 location retail establishment in which food is prepared on-site for
1-12 sale to the public.
1-13 (4) "Food manager" means an individual who conducts,
1-14 manages, or operates a food establishment.
1-15 Sec. 438.102. CERTIFICATION REQUIRED. (a) A person may not
1-16 own, conduct, maintain, manage, or operate a food establishment in
1-17 this state unless the person employs a food manager who holds a
1-18 food manager certificate issued under this subchapter.
1-19 (b) A food establishment that handles only prepackaged food
1-20 that is not potentially hazardous is exempt from this section. The
1-21 board shall adopt rules to exempt establishments under this
1-22 subsection.
1-23 Sec. 438.103. QUALIFICATIONS FOR CERTIFICATION. (a) A
1-24 person may receive a food manager certificate and may renew a
2-1 certificate by passing a state-accredited examination.
2-2 (b) The board by rule shall prescribe the requirements for
2-3 issuance and renewal of a certificate under this subchapter. The
2-4 board shall adopt criteria to approve examinations that are
2-5 developed by federal, state, or local governmental agencies or by
2-6 national testing organizations. Examinations approved by the
2-7 department before the effective date of this subchapter shall be
2-8 considered to meet the examination criteria.
2-9 (c) A food manager certificate and renewal certificate
2-10 obtained under this subchapter shall be accepted by a local health
2-11 jurisdiction as proof that the food manager has met the training
2-12 and testing requirements under Section 438.046(b).
2-13 (d) The board by rule shall establish an implementation
2-14 schedule for certification under this subchapter. The board shall
2-15 select examination sites and provide for an examination schedule
2-16 that avoids inconvenience or hardship for food managers. In
2-17 administering this subchapter, the board shall consider the impact
2-18 of the traveling distance and time required for a food manager to
2-19 obtain certification. The board shall give particular
2-20 consideration to mitigating the impact of this subchapter on food
2-21 managers in rural areas.
2-22 Sec. 438.104. POWERS AND DUTIES OF BOARD. (a) The board by
2-23 rule may adopt fees under this subchapter in amounts reasonable and
2-24 necessary to administer this subchapter.
2-25 (b) The board may adopt rules for the denial, suspension,
2-26 and revocation of a food manager certificate issued under this
2-27 subchapter.
3-1 (c) The board by rule may prescribe standards for
3-2 examination sites and site audits for administration of this
3-3 subchapter.
3-4 Sec. 438.105. ENFORCEMENT. (a) The department may enforce
3-5 this subchapter as provided by this subchapter and by board rule.
3-6 (b) A county or public health district that has adopted an
3-7 order under Chapter 437, Health and Safety Code, shall enforce this
3-8 subchapter. Any other county or public health district may enforce
3-9 this subchapter. A county or public health district may:
3-10 (1) offer training to enable food managers to
3-11 successfully meet the requirements for certification under this
3-12 subchapter; and
3-13 (2) adopt an order to assess a fee, subject to Section
3-14 438.046(c), for training and for administering the certification
3-15 examination.
3-16 SECTION 2. (a) Except as provided by Subsection (b) of this
3-17 section, this Act takes effect September 1, 1999.
3-18 (b) Section 438.102, Health and Safety Code, as added by
3-19 this Act, takes effect January 1, 2000.
3-20 (c) The Texas Board of Health shall adopt rules as required
3-21 by this Act not later than November 1, 1999.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.