By Moncrief S.B. No. 1219
76R5493 JMM-D
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. Sections 2(a) and (b), Chapter 300, Acts of the
1-6 59th Legislature, Regular Session, 1965 (Article 4477-3, Vernon's
1-7 Texas Civil Statutes), are amended to read as follows:
1-8 (a) The term "field of environmental sanitation" means the
1-9 application of [study, art, and technique of applying] scientific
1-10 knowledge to control environmental hazards and to preserve and
1-11 improve environmental factors for the achievement of the optimum
1-12 [for the improvement of the environment of man for his] health,
1-13 safety, comfort, and well-being of humans [and welfare].
1-14 (b) The term "sanitarian" means a person qualified by
1-15 education and experience in basic and applied sciences to engage in
1-16 the field of environmental sanitation to protect human health and
1-17 the environment through education, design, implementation,
1-18 inspection, and enforcement [trained in the field of sanitary
1-19 science to carry out educational and inspectional duties in the
1-20 field of environmental sanitation].
1-21 SECTION 2. Section 5, Chapter 300, Acts of the 59th
1-22 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
1-23 Civil Statutes), is amended by amending Subsections (a) and (b)
1-24 and adding Subsection (e) to read as follows:
2-1 (a) The Board, upon application on the form prescribed by
2-2 it[,] and upon the payment of a registration fee set by the Board
2-3 [of Ten Dollars ($10.00),] shall issue a certificate of
2-4 registration as a professional sanitarian to any person who has the
2-5 qualifications stipulated under the provisions of this Act[,] and
2-6 who submits evidence by passing a written examination prescribed by
2-7 the Board satisfactory to the Board that the applicant is qualified
2-8 under the provisions of this Act. In evaluating the evidence
2-9 submitted to it, the Board shall carefully consider the applicant's
2-10 knowledge and understanding of the principles of sanitation and [,]
2-11 the physical, biological, and social sciences.
2-12 (b) Any person who applies for registration shall have had
2-13 not less than two years [one (1) year] of full time experience in
2-14 the field of environmental sanitation and shall have completed
2-15 training in the basic sciences and/or public health to the extent
2-16 deemed necessary by the Board in order to effectively serve as a
2-17 registered sanitarian. The educational requirements set forth by
2-18 the Board shall include the requirement that an applicant have
2-19 graduated from an accredited college or university with at least a
2-20 bachelor's degree that includes at least 30 semester hours in basic
2-21 or applied science [not be at variance with the definition for
2-22 Sanitarian set forth by the Position Classification Act of 1961].
2-23 Other qualifications may be established by the Board in accordance
2-24 with the rules and regulations adopted under this Act. Persons
2-25 employed in the field of environmental sanitation who meet all
2-26 qualifications for registration as a professional sanitarian,
2-27 except the qualifications of experience, shall, upon the approval
3-1 by the Board and after payment of a registration fee prescribed by
3-2 the Board for a sanitarian in training [of Five Dollars ($5.00)]
3-3 and [by] passing a written examination prescribed by the Board, be
3-4 granted a certificate of Sanitarian in Training. This certificate
3-5 shall remain in effect unless revoked by the Board for a period not
3-6 to exceed two years [one (1) year] after date of issue.
3-7 (e) An applicant under this section must pay an examination
3-8 fee prescribed by the Board to take a license examination
3-9 administered under this Act.
3-10 SECTION 3. Section 6, Chapter 300, Acts of the 59th
3-11 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
3-12 Civil Statutes), is amended to read as follows:
3-13 Sec. 6. RENEWAL OF CERTIFICATES; FEE; DELINQUENCY AND
3-14 REINSTATEMENT. Every professional sanitarian registered under the
3-15 provisions of this Act who desires to actively continue in the
3-16 field of environmental sanitation shall annually pay to the Board a
3-17 renewal fee prescribed [to be fixed] by the Board and provide
3-18 proof of completion of continuing education contact hours as
3-19 established by the Board [for the annual renewal of each license,
3-20 but the fee for renewal of license shall not be fixed in excess of
3-21 Ten Dollars ($10.00)]. Certificates of registration revoked for
3-22 failure to pay renewal fees shall be reinstated under the rules and
3-23 regulations of the Board.
3-24 SECTION 4. Section 8(a), Chapter 300, Acts of the 59th
3-25 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
3-26 Civil Statutes), is amended to read as follows:
3-27 (a) The Board shall:
4-1 (1) issue regulations consistent with the provisions
4-2 of this Act for the administration and enforcement of this Act;
4-3 (2) prescribe fees under this Act;
4-4 (3) administer the continuing education requirements
4-5 of this Act; and
4-6 (4) [shall] prescribe forms which shall be issued in
4-7 connection therewith.
4-8 SECTION 5. Section 12, Chapter 300, Acts of the 59th
4-9 Legislature, Regular Session, 1965 (Article 4477-3, Vernon's Texas
4-10 Civil Statutes), is amended to read as follows:
4-11 Sec. 12. REGISTRATION REQUIRED; OFFENSES. (a) A [After
4-12 six (6) months from the effective date of this Act, no] person
4-13 engaging or offering to engage in work in the field of
4-14 environmental sanitation[,] in this state may not [shall] represent
4-15 himself to be a sanitarian, or use any title containing the word
4-16 "sanitarian," unless he is a registrant in good standing with the
4-17 Board, either as a registered professional sanitarian or as a
4-18 sanitarian in training.
4-19 (b) A person commits an offense if the person [Any person
4-20 who] violates any provisions of this Section.
4-21 (c) An offense under Subsection (b) of this Section is a
4-22 Class C [shall be guilty of a] misdemeanor [and shall be fined not
4-23 less than Ten Dollars ($10.00) nor more than Two Hundred Dollars
4-24 ($200.00)].
4-25 SECTION 6. (a) Except as provided by Subsection (b) of this
4-26 section, this Act takes effect September 1, 1999.
4-27 (b) The change in law made by this Act to the educational
5-1 requirements for registration as a professional sanitarian under
5-2 Section 5(b), Chapter 300, Acts of the 59th Legislature, Regular
5-3 Session, 1965 (Article 4477-3, Vernon's Texas Civil Statutes),
5-4 takes effect September 1, 2001.
5-5 SECTION 7. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.