1-1 By: Moncrief S.B. No. 1373
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1373 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to education and training programs for food service
1-11 workers.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 438.043, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 438.043. REQUIREMENTS FOR ACCREDITATION. (a) The Texas
1-16 Board of Health by rule shall establish the course content required
1-17 for accreditation of education and training programs for food
1-18 service workers under Sections 438.042(a) and (b) [department may
1-19 not accredit an education or training program unless the program
1-20 includes:]
1-21 [(1) four hours of training on the subject of food,
1-22 including:]
1-23 [(A) a description of food-borne disease and its
1-24 cause and prevention; and]
1-25 [(B) protection of food in location, receipt,
1-26 storage, preparation, service, and transportation;]
1-27 [(2) four hours of training on the subject of food
1-28 service facilities, including:]
1-29 [(A) waste disposal and sanitary plumbing and
1-30 water;]
1-31 [(B) cleaning and sanitization of dishes and
1-32 utensils;]
1-33 [(C) storage of equipment and utensils;]
1-34 [(D) housekeeping procedures and schedules;]
1-35 [(E) proper handling of nonfood supplies,
1-36 including single service items, linens, and toxic materials; and]
1-37 [(F) cleanliness of the physical plant,
1-38 including building construction, ventilation, lighting, pest
1-39 control, and general safety of the environment;]
1-40 [(3) two hours of training on the subject of sanitary
1-41 habits for food handlers, including:]
1-42 [(A) personal hygiene, including proper dress,
1-43 handwashing, personal habits, and illness;]
1-44 [(B) food handling practices, including minimum
1-45 handling and proper use of food service utensils; and]
1-46 [(C) operational problems, including
1-47 identification and correction of commonly occurring deficiencies;
1-48 and]
1-49 [(4) four hours of training on the subject of
1-50 management in the food service industry, including:]
1-51 [(A) self-inspection promotion and techniques;]
1-52 [(B) motivation, including safety, the economics
1-53 of safe food handling, and planning to meet sanitation guidelines;
1-54 and]
1-55 [(C) personnel training, including management
1-56 responsibility, resources, and methods].
1-57 (b) In addition to the course requirements in Subsection
1-58 (a), the department shall require students of a program to take an
1-59 examination approved by the department to assist the department in
1-60 evaluating the program [that, to receive accreditation, a course
1-61 include an examination of at least one hour to allow the instructor
1-62 to evaluate the students' comprehension of the subject matter
1-63 covered].
1-64 [(c) The department shall ensure that each accredited
2-1 program may be presented in not less than 15 hours.]
2-2 [(d) The course requirements in Subsection (a) do not apply
2-3 to an education or training program for recertification.]
2-4 [(e) The department may modify the requirements of
2-5 Subsection (a), (b), or (c) for a course used in training employees
2-6 under the common control of a single entity.]
2-7 SECTION 2. Subsection (b), Section 438.046, Health and
2-8 Safety Code, is amended to read as follows:
2-9 (b) A local health jurisdiction that requires training for a
2-10 food service worker shall accept as sufficient to meet the
2-11 jurisdiction's training and testing requirements a training course
2-12 that is accredited by the department and listed with the registry
2-13 unless the department has found or has reason to believe that the
2-14 provider of the course breached test security, issued counterfeit
2-15 certificates, or provided students with test answers. [A food
2-16 service worker trained in a course for the employees of a single
2-17 entity is considered to have met a local health jurisdiction's
2-18 training and testing requirements only as to food service performed
2-19 for that entity.]
2-20 SECTION 3. Subsection (b), Section 438.042, Health and
2-21 Safety Code, as added by Chapter 539, Acts of the 72nd Legislature,
2-22 Regular Session, 1991, is repealed.
2-23 SECTION 4. This Act takes effect September 1, 2001.
2-24 * * * * *