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.
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