78R9572 YDB-F
By: Taylor H.B. No. 1708
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of bottled and vended drinking water
operators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 441, Health and Safety Code, is amended
to read as follows:
CHAPTER 441. REGULATION OF BOTTLED AND VENDED DRINKING WATER
OPERATORS
Sec. 441.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commissioner" means the commissioner of public
health.
(2) "Department"[, "department"] means the Texas
Department of Health.
Sec. 441.0011. EXEMPTION. This chapter does not apply to a
person:
(1) who is not engaged in the processing or bottling of
water;
(2) whose only business activities related to bottled
water are the distribution and sale of bottled water; and
(3) who is not required to hold a food manufacturer or
wholesaler license under Subchapter J, Chapter 431.
Sec. 441.002. PROHIBITED ACTS [CERTIFICATION OF BOTTLED AND
VENDED WATER OPERATORS]. (a) A bottled or vended water operator
may not furnish bottled or vended water to the public or for
distribution to the public unless the bottled or vended water
operator holds a permit [certificate of competency] under this
chapter.
(b) A person may not furnish bottled or vended water to the
public or for distribution to the public unless the processing,
bottling, and distribution of the bottled or vended water are
performed by or under the supervision of a bottled or vended water
operator who holds a permit [certificate of competency] under this
chapter.
Sec. 441.003. PERMIT. (a) A bottled or vended water
operator may apply to the department for a permit to furnish or
distribute bottled or vended water to the public.
(b) The department by rule shall provide the procedures for
the issuance of a permit under this chapter. A permit may be issued
only for the purpose and use stated on the application for the
permit.
(c) A permit may not be issued to a bottled or vended water
operator who does not comply with the standards prescribed by the
department under this chapter.
(d) A permit issued under this chapter must be renewed each
year in accordance with department rules.
Sec. 441.004. FEES. (a) [(b)] To obtain or renew a
permit, [certificate] an applicant must pay the department a [$25]
fee set by rule by the department in an amount reasonable and
necessary to administer this chapter.
(b) [(c)] On receipt of the required fee, the department
shall provide for the testing of the applicant and issue a permit
[certificate of competency] to the applicant if the applicant
passes the test and complies with department standards.
Sec. 441.005. [441.003.] RULES; MINIMUM STANDARDS. (a)
The department may adopt rules [that are] necessary to implement
this chapter that promote the public health and safety, including
rules related[. The rules may include rules relating] to:
(1) permit [certificate] suspension, permit
revocation, or other disciplinary action; and
(2) permit [relating to certificate] renewal.
(b) The department by rule shall establish reasonable
minimum standards for granting or maintaining a permit.
Sec. 441.006. APPLICABILITY OF OTHER LAW. Chapter 431
applies to a person or product regulated under this chapter,
including a bottled or vended water operator who holds a permit
under this chapter.
Sec. 441.007. REFUSAL TO GRANT PERMIT; SUSPENSION OR
REVOCATION OF PERMIT. In accordance with rules and minimum
standards adopted under Section 441.005, the commissioner may
refuse an application for a permit under this chapter or may suspend
or revoke a permit issued under this chapter.
SECTION 2. Subchapter A, Chapter 431, Health and Safety
Code, is amended by adding Section 431.011 to read as follows:
Sec. 431.011. APPLICABILITY OF CHAPTER TO BOTTLED OR VENDED
WATER OPERATORS. This chapter applies to the conduct of a person
who holds a permit under Chapter 441.
SECTION 3. (a) The Texas Department of Health shall adopt
the rules, procedures, and minimum standards required by Chapter
441, Health and Safety Code, as amended by this Act, not later than
December 1, 2003.
(b) The Texas Department of Health shall treat a person who
holds a certificate of competency under Chapter 441, Health and
Safety Code, immediately before the effective date of this Act, as
if the person holds a permit under Chapter 441, Health and Safety
Code, as amended by this Act. On expiration of the certificate of
competency, the department shall issue a permit to a person who
holds a certificate and who would be eligible to renew a permit.
Each person who holds a certificate of competency must obtain a
permit not later than September 1, 2004.
SECTION 4. This Act takes effect September 1, 2003.