By Uresti H.B. No. 2293
76R8249 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to 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) "Commissioner" means the commissioner of health.
1-10 (3) "Department" means the Texas Department of Health.
1-11 (4) "Food establishment" means a fixed or mobile
1-12 location retail establishment where food is prepared on-site for
1-13 sale to the public.
1-14 (5) "Food manager" means the individual who conducts,
1-15 manages, or operates a food establishment.
1-16 Sec. 438.102. CERTIFICATION REQUIRED. (a) No person may
1-17 own, conduct, maintain, manage, or operate a food establishment in
1-18 this state unless the person employs a food manager who holds a
1-19 food manager certificate issued under this subchapter.
1-20 (b) A food establishment that handles only prepackaged
1-21 non-potentially hazardous food is exempt from the requirements of
1-22 this section. The board shall adopt rules to exempt establishments
1-23 under this subsection.
1-24 Sec. 438.103. QUALIFICATIONS FOR CERTIFICATION. (a) A
2-1 person may receive certification and re-certification as a food
2-2 manager by passage of a state-accredited examination.
2-3 (b) The board by rule shall prescribe the requirements for
2-4 issuance and renewal of a certificate under this subchapter. The
2-5 board shall adopt criteria to approve examinations that are
2-6 developed by federal, state, or local government agencies or by
2-7 national testing organizations. Examinations approved by the
2-8 department before the effective date of this legislation shall be
2-9 considered to meet the examination criteria.
2-10 (c) Food manager certification and re-certification obtained
2-11 under this subchapter shall be accepted by a local health
2-12 jurisdiction as having met the training and testing requirements
2-13 under Section 438.046(b) of this Code.
2-14 Sec. 438.104. POWERS AND DUTIES OF BOARD. (a) The board by
2-15 rule may adopt fees under this subchapter in amounts reasonable and
2-16 necessary to administer this subchapter.
2-17 (b) The board may adopt rules for the denial, suspension,
2-18 and revocation of a food manager certificate issued under this
2-19 subchapter.
2-20 (c) The board by rule may prescribe standards for
2-21 examination sites and site audits for administration of this
2-22 subchapter.
2-23 Sec. 438.105. ENFORCEMENT. (a) The department may enforce
2-24 this subchapter as provided by this subchapter and by board rule.
2-25 (b) A county or public health district that has adopted an
2-26 order under Chapter 437, Health and Safety Code, shall enforce this
2-27 subchapter. Any other county or a public health district may
3-1 enforce this subchapter. A county or public health district may:
3-2 (1) Offer training to enable food managers to
3-3 successfully meet the requirements for certification under this
3-4 subchapter; and
3-5 (2) Adopt an order to assess a fee, subject to Section
3-6 438.046(c) of this Code, for training and for administration of the
3-7 certification examination.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house to be suspended, and this rule is hereby
3-13 suspended.