78R9572 YDB-F


By:  Taylor                                                       H.B. No. 1708

Substitute the following for H.B. No. 1708:                                   

By:  Zedler                                                   C.S.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.