By Keffer, Homer H.B. No. 251
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 437, Health and Safety Code, is amended
1-5 by adding Section 437.0076 to read as follows:
1-6 Sec. 437.0076. CERTIFIED FOOD MANAGER. (a) A county or
1-7 public health district may require each fixed or mobile location
1-8 retail establishment in which food is prepared on-site for sale to
1-9 the public that holds a permit issued by the county or public
1-10 health district to employ a food manager certified under Subchapter
1-11 G, Chapter 438.
1-12 (b) The board may require each fixed or mobile location
1-13 retail establishment in which food is prepared on-site for sale to
1-14 the public that is required to be operated under a permit under
1-15 Section 437.0055 to employ a food manager certified under
1-16 Subchapter G, Chapter 438.
1-17 (c) An establishment that handles only prepackaged food and
1-18 does not prepare or package food may not be required to have a
1-19 certified food manager under this section.
1-20 (d) The board by rule may exempt establishments other than
1-21 the establishments described by Subsection (c) from the requirement
1-22 imposed under this section if the board determines that the
1-23 application of the requirement to those establishments is not
1-24 necessary to protect public health and safety.
2-1 (e) A county or public health district may exempt
2-2 establishments other than the establishments exempt under
2-3 Subsections (c) and (d) from the requirement imposed by the county
2-4 or public health district under this section if the county or
2-5 public health district determines that the application of the
2-6 requirement to those establishments is not necessary to protect
2-7 public health and safety.
2-8 (f) A child-care facility, as that term is defined by
2-9 Section 42.002, Human Resources Code, is exempt from the
2-10 requirements imposed under this section.
2-11 SECTION 2. Chapter 438, Health and Safety Code, is amended
2-12 by adding Subchapter G to read as follows:
2-13 SUBCHAPTER G. CERTIFICATION OF FOOD MANAGERS
2-14 Sec. 438.101. DEFINITIONS. In this subchapter:
2-15 (1) "Board" means the Texas Board of Health.
2-16 (2) "Food establishment" means a fixed or mobile
2-17 location retail establishment in which food is prepared on-site for
2-18 sale to the public.
2-19 (3) "Food manager" means an individual who conducts,
2-20 manages, or operates a food establishment.
2-21 Sec. 438.102. CERTIFICATION PROGRAM. (a) The board shall
2-22 establish a certification program for food managers in accordance
2-23 with this subchapter.
2-24 (b) The board by rule shall prescribe the requirements for
2-25 issuance and renewal of a food manager certificate under this
2-26 subchapter.
2-27 Sec. 438.103. CERTIFICATION AND RENEWAL OF CERTIFICATION;
3-1 EXAMINATION REQUIRED. A person who satisfies the requirements of
3-2 this subchapter may receive and renew a food manager certificate by
3-3 passing a state-approved examination.
3-4 Sec. 438.104. APPROVAL OF EXAMINATIONS; SELECTION OF
3-5 EXAMINATION SITES. (a) The board shall adopt criteria to approve
3-6 examinations.
3-7 (b) In administering this subchapter, the board shall
3-8 consider the impact of the traveling distance and time required for
3-9 a food manager to obtain certification. The board shall give
3-10 particular consideration to mitigating the impact of this
3-11 subchapter on food managers in rural areas. The board shall use
3-12 the Internet to implement the certification and may develop a
3-13 system to permit administration of the examination using the
3-14 Internet.
3-15 Sec. 438.105. CERTIFICATE AS EVIDENCE OF COMPLIANCE WITH
3-16 OTHER LAW. A food manager certificate, including a renewal
3-17 certificate, obtained under this subchapter shall be accepted as
3-18 meeting the training and testing requirements under Section
3-19 438.046(b).
3-20 Sec. 438.106. POWERS AND DUTIES OF BOARD; FEES. (a) The
3-21 board by rule may adopt a fee for issuance or renewal of a food
3-22 manager certificate under this subchapter in amounts reasonable and
3-23 necessary to administer this subchapter, but not to exceed $35.
3-24 (b) The board by rule may adopt a fee, in an amount not to
3-25 exceed $10, for an examination administered by the department under
3-26 this subchapter.
3-27 (c) The board may adopt rules for the denial, suspension,
4-1 and revocation of a food manager certificate issued under this
4-2 subchapter.
4-3 (d) The board by rule may prescribe standards for:
4-4 (1) examination sites;
4-5 (2) expenses of administration of examinations under
4-6 this subchapter; and
4-7 (3) site audits for administration of this subchapter.
4-8 SECTION 3. (a) This Act takes effect September 1, 2001.
4-9 (b) A food manager examination approved by the Texas
4-10 Department of Health before September 1, 2001, satisfies the
4-11 criteria for approval of examinations under Section 438.104, Health
4-12 and Safety Code, as added by this Act.
4-13 (c) The Texas Board of Health or a county or public health
4-14 district may not require employment of a certified food manager
4-15 under Section 437.0076, Health and Safety Code, as added by this
4-16 Act, before February 1, 2002.
4-17 (d) The Texas Board of Health shall adopt rules necessary to
4-18 implement Subchapter G, Chapter 438, Health and Safety Code, as
4-19 added by this Act, not later than January 1, 2002.