C.S.H.B. 1708 78(R)    BILL ANALYSIS


C.S.H.B. 1708
By: Taylor
Public Health
Committee Report (Substituted)
 

BACKGROUND AND PURPOSE 
This bill amends Health and Safety Code Chapter 441 by providing the Texas
Department of Health (TDH) with the authority to set fees charged for a
permit for an operator of a bottled or vending water manufacturer,
establish permit issuance and renewal procedures, and adding enforcement
authority that is similar to that found in other statutes enforced by TDH,
such as Health and Safety Code Chapter 431, the Texas Food, Drug and
Cosmetic Act. 

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Health in SECTION  1(Sections 441.003,
441.004, and 441.005, Health and Safety Code) of this bill. 

ANALYSIS
Chapter 441, Health and Safety Code is amended to apply to operators.
Section 441.001 is amended to define "Commissioner" and "Department". 
Section 441.0011 creates an exemption.
Section 441.002 is amended to substitute  the term "certificate of
competency" with "permit". 
Section 441.003 is added so that a bottled or vended water operator who is
to furnish or distribute bottled or vended water to the public may apply
for a permit.  TDH shall develop procedures for the issuance of a permit.
Permits are limited in the scope and an operator must be in compliance
with the standards before a permit can be issued. Permits issued must be
renewed each year. 
Section 441.004 is amended  to provide TDH with the authority to set fees,
to obtain or renew a permit, to recover costs necessary to  administer
this chapter.  TDH shall issue a permit if the applicant complies with TDH
standards. 
Section 441.005 is amended to provide TDH with the authority to establish
reasonable  minimum standards for granting or maintaining a permit, TDH
may adopt rules related to permit suspension revocation, other
disciplinary action and permit renewal.  Makes conforming changes. 
Section 441.006 is added to establish that a permit holder must also
comply with standards for bottled and vended water previously adopted
under Health and Safety Code Chapter 431. 
Section 431.007 is added to provide the Commissioner with the authority to
refuse an application for a permit or to suspend or revoke a permit. 
Subchapter A, Chapter 431, Health and Safety Code, is amended by adding
Section 431.011 to provide that this chapter also applies to a person who
holds a permit under Chapter 441. 
TDH shall the adopt rules, procedures, and minimum standards required by
this Act by December 1, 2003.  Treatment for current holders of the old
"certificates of competency" is established. 

EFFECTIVE DATE
September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
The committee substitute adds Sec. 441.0011 to the bill.  This section
exempts entities that are not engaged in the processing or bottling of
water, whose only business activities related to bottled water are the
distribution and sale of bottled water and who in not required to hold a
food manufacturer or wholesaler license under Subchapter J, Chapter 431.