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A BILL TO BE ENTITLED
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AN ACT
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relating to food handlers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.0057 to read as follows: |
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Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES, |
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PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a |
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public health district, or the department may require certification |
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under Subchapter D, Chapter 438, for each food handler who is |
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employed by a food service establishment in which food is prepared |
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on-site for sale to the public and which holds a permit issued by |
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the county, the public health district, or the department. This |
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section applies without regard to whether the food service |
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establishment is at a fixed location or is a mobile food unit. |
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(b) A county, a public health district, or the department |
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may not require an establishment that handles only prepackaged food |
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and does not prepare or package food to employ certified food |
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handlers under this section. |
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(c) The department by rule may exempt a category of food |
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service establishment from the requirement that a county, a public |
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health district, or the department may impose under Subsection (a) |
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if the department determines that the application of Subsection (a) |
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to that type of establishment is not necessary to protect public |
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health and safety. |
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(d) A county, a public health district, or the department |
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may exempt a category of food service establishment from the |
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requirement that the county, public health district, or department |
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has imposed under Subsection (a) if the county, the public health |
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district, or the department determines that the application of |
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Subsection (a) to that type of establishment is not necessary to |
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protect public health and safety. |
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(e) The following entities are exempt from a requirement |
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imposed under Subsection (a): |
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(1) a bed and breakfast establishment described by |
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Section 437.019(a) or (b); and |
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(2) a child-care facility, as defined by Section |
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42.002, Human Resources Code. |
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SECTION 2. This Act takes effect September 1, 2009. |