1-1 By: Keffer, Homer (Senate Sponsor - Carona) H.B. No. 251 1-2 (In the Senate - Received from the House March 21, 2001; 1-3 March 22, 2001, read first time and referred to Committee on 1-4 Business and Commerce; May 1, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 1, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certification of food managers. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 437, Health and Safety Code, is amended 1-11 by adding Section 437.0076 to read as follows: 1-12 Sec. 437.0076. CERTIFIED FOOD MANAGER. (a) A county or 1-13 public health district may require each fixed or mobile location 1-14 retail establishment in which food is prepared on-site for sale to 1-15 the public that holds a permit issued by the county or public 1-16 health district to employ a food manager certified under Subchapter 1-17 G, Chapter 438. 1-18 (b) The board may require each fixed or mobile location 1-19 retail establishment in which food is prepared on-site for sale to 1-20 the public that is required to be operated under a permit under 1-21 Section 437.0055 to employ a food manager certified under 1-22 Subchapter G, Chapter 438. 1-23 (c) An establishment that handles only prepackaged food and 1-24 does not prepare or package food may not be required to have a 1-25 certified food manager under this section. 1-26 (d) The board by rule may exempt establishments other than 1-27 the establishments described by Subsection (c) from the requirement 1-28 imposed under this section if the board determines that the 1-29 application of the requirement to those establishments is not 1-30 necessary to protect public health and safety. 1-31 (e) A county or public health district may exempt 1-32 establishments other than the establishments exempt under 1-33 Subsections (c) and (d) from the requirement imposed by the county 1-34 or public health district under this section if the county or 1-35 public health district determines that the application of the 1-36 requirement to those establishments is not necessary to protect 1-37 public health and safety. 1-38 (f) A child-care facility, as that term is defined by 1-39 Section 42.002, Human Resources Code, is exempt from the 1-40 requirements imposed under this section. 1-41 SECTION 2. Chapter 438, Health and Safety Code, is amended 1-42 by adding Subchapter G to read as follows: 1-43 SUBCHAPTER G. CERTIFICATION OF FOOD MANAGERS 1-44 Sec. 438.101. DEFINITIONS. In this subchapter: 1-45 (1) "Board" means the Texas Board of Health. 1-46 (2) "Food establishment" means a fixed or mobile 1-47 location retail establishment in which food is prepared on-site for 1-48 sale to the public. 1-49 (3) "Food manager" means an individual who conducts, 1-50 manages, or operates a food establishment. 1-51 Sec. 438.102. CERTIFICATION PROGRAM. (a) The board shall 1-52 establish a certification program for food managers in accordance 1-53 with this subchapter. 1-54 (b) The board by rule shall prescribe the requirements for 1-55 issuance and renewal of a food manager certificate under this 1-56 subchapter. 1-57 Sec. 438.103. CERTIFICATION AND RENEWAL OF CERTIFICATION; 1-58 EXAMINATION REQUIRED. A person who satisfies the requirements of 1-59 this subchapter may receive and renew a food manager certificate by 1-60 passing a state-approved examination. 1-61 Sec. 438.104. APPROVAL OF EXAMINATIONS; SELECTION OF 1-62 EXAMINATION SITES. (a) The board shall adopt criteria to approve 1-63 examinations. 1-64 (b) In administering this subchapter, the board shall 2-1 consider the impact of the traveling distance and time required for 2-2 a food manager to obtain certification. The board shall give 2-3 particular consideration to mitigating the impact of this 2-4 subchapter on food managers in rural areas. The board shall use 2-5 the Internet to implement the certification and may develop a 2-6 system to permit administration of the examination using the 2-7 Internet. 2-8 Sec. 438.105. CERTIFICATE AS EVIDENCE OF COMPLIANCE WITH 2-9 OTHER LAW. A food manager certificate, including a renewal 2-10 certificate, obtained under this subchapter shall be accepted as 2-11 meeting the training and testing requirements under Section 2-12 438.046(b). 2-13 Sec. 438.106. POWERS AND DUTIES OF BOARD; FEES. (a) The 2-14 board by rule may adopt a fee for issuance or renewal of a food 2-15 manager certificate under this subchapter in amounts reasonable and 2-16 necessary to administer this subchapter, but not to exceed $35. 2-17 (b) The board by rule may adopt a fee, in an amount not to 2-18 exceed $10, for an examination administered by the department under 2-19 this subchapter. 2-20 (c) The board may adopt rules for the denial, suspension, 2-21 and revocation of a food manager certificate issued under this 2-22 subchapter. 2-23 (d) The board by rule may prescribe standards for: 2-24 (1) examination sites; 2-25 (2) expenses of administration of examinations under 2-26 this subchapter; and 2-27 (3) site audits for administration of this subchapter. 2-28 SECTION 3. (a) This Act takes effect September 1, 2001. 2-29 (b) A food manager examination approved by the Texas 2-30 Department of Health before September 1, 2001, satisfies the 2-31 criteria for approval of examinations under Section 438.104, Health 2-32 and Safety Code, as added by this Act. 2-33 (c) The Texas Board of Health or a county or public health 2-34 district may not require employment of a certified food manager 2-35 under Section 437.0076, Health and Safety Code, as added by this 2-36 Act, before February 1, 2002. 2-37 (d) The Texas Board of Health shall adopt rules necessary to 2-38 implement Subchapter G, Chapter 438, Health and Safety Code, as 2-39 added by this Act, not later than January 1, 2002. 2-40 * * * * *