78R2802 YDB-D

By:  Carona                                                       S.B. No. 1453



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. 441.002.  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.