77R7581 DLF-F By Keffer, Homer H.B. No. 251 Substitute the following for H.B. No. 251: By Coleman C.S.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 SECTION 2. Chapter 438, Health and Safety Code, is amended 2-9 by adding Subchapter G to read as follows: 2-10 SUBCHAPTER G. CERTIFICATION OF FOOD MANAGERS 2-11 Sec. 438.101. DEFINITIONS. In this subchapter: 2-12 (1) "Board" means the Texas Board of Health. 2-13 (2) "Food establishment" means a fixed or mobile 2-14 location retail establishment in which food is prepared on-site for 2-15 sale to the public. 2-16 (3) "Food manager" means an individual who conducts, 2-17 manages, or operates a food establishment. 2-18 Sec. 438.102. CERTIFICATION PROGRAM. (a) The board shall 2-19 establish a certification program for food managers in accordance 2-20 with this subchapter. 2-21 (b) The board by rule shall prescribe the requirements for 2-22 issuance and renewal of a food manager certificate under this 2-23 subchapter. 2-24 Sec. 438.103. CERTIFICATION AND RENEWAL OF CERTIFICATION; 2-25 EXAMINATION REQUIRED. A person who satisfies the requirements of 2-26 this subchapter may receive and renew a food manager certificate by 2-27 passing a state-approved examination. 3-1 Sec. 438.104. APPROVAL OF EXAMINATIONS; SELECTION OF 3-2 EXAMINATION SITES. (a) The board shall adopt criteria to approve 3-3 examinations. 3-4 (b) In administering this subchapter, the board shall 3-5 consider the impact of the traveling distance and time required for 3-6 a food manager to obtain certification. The board shall give 3-7 particular consideration to mitigating the impact of this 3-8 subchapter on food managers in rural areas. The board shall use 3-9 the Internet to implement the certification and may develop a 3-10 system to permit administration of the examination using the 3-11 Internet. 3-12 Sec. 438.105. CERTIFICATE AS EVIDENCE OF COMPLIANCE WITH 3-13 OTHER LAW. A food manager certificate, including a renewal 3-14 certificate, obtained under this subchapter shall be accepted as 3-15 meeting the training and testing requirements under Section 3-16 438.046(b). 3-17 Sec. 438.106. POWERS AND DUTIES OF BOARD; FEES. (a) The 3-18 board by rule may adopt a fee for issuance or renewal of a food 3-19 manager certificate under this subchapter in amounts reasonable and 3-20 necessary to administer this subchapter, but not to exceed $35. 3-21 (b) The board by rule may adopt a fee, in an amount not to 3-22 exceed $10, for an examination administered by the department under 3-23 this subchapter. 3-24 (c) The board may adopt rules for the denial, suspension, 3-25 and revocation of a food manager certificate issued under this 3-26 subchapter. 3-27 (d) The board by rule may prescribe standards for: 4-1 (1) examination sites; 4-2 (2) expenses of administration of examinations under 4-3 this subchapter; and 4-4 (3) site audits for administration of this subchapter. 4-5 SECTION 3. (a) This Act takes effect September 1, 2001. 4-6 (b) A food manager examination approved by the Texas 4-7 Department of Health before September 1, 2001, satisfies the 4-8 criteria for approval of examinations under Section 438.104, Health 4-9 and Safety Code, as added by this Act. 4-10 (c) The Texas Board of Health or a county or public health 4-11 district may not require employment of a certified food manager 4-12 under Section 437.0076, Health and Safety Code, as added by this 4-13 Act, before February 1, 2002. 4-14 (d) The Texas Board of Health shall adopt rules necessary to 4-15 implement Subchapter G, Chapter 438, Health and Safety Code, as 4-16 added by this Act, not later than January 1, 2002.