CRIMINAL JUSTICE IMPACT
It is the committee's opinion
that this bill does not expressly create a criminal offense, increase the
punishment for an existing criminal offense or category of offenses, or
change the eligibility of a person for community supervision, parole, or
mandatory supervision.
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COMPARISON OF SENATE
ENGROSSED AND SUBSTITUTE
While C.S.S.B. 582 may differ
from the engrossed in minor or nonsubstantive ways, the following comparison
is organized and formatted in a manner that indicates the substantial
differences between the engrossed and committee substitute versions of the
bill.
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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 437.0057,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsections (a-1), (a-2), and (f) to read as follows:
(a) A county, a public
health district, or the department may require certification [under
Subchapter D, Chapter 438,] for each food handler who is employed by a
food service establishment in which food is prepared on-site for sale to
the public and which holds a permit issued by the county, the public health
district, or the department.
(a-1) For purposes of
this section, a food handler receives certification by successfully
completing a food handler education or training program:
(1) accredited under
Subchapter D, Chapter 438; or
(2) accredited by the
American National Standards Institute.
(a-2) This section
applies without regard to whether the food service establishment is at a
fixed location or is a mobile food unit.
(f) The department may
not adopt a rule, regulation, or policy that requires food service workers
in the state to successfully complete a food handler training course. This
subsection does not prevent the state, a county, or a public health
district from imposing a food handler training course requirement in a
location regulated by the state, county, or public health district.
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No
equivalent provision.
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SECTION 2. Section 437.0195(a),
Health and Safety Code, is amended to read as follows:
(a) An individual who
operates a cottage food production operation must have successfully
completed a basic food safety education or training program for food
handlers:
(1) accredited under
Subchapter D, Chapter 438; or
(2) accredited by the
American National Standards Institute.
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No
equivalent provision.
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SECTION 3. Section
437.0203(c), Health and Safety Code, is amended to read as follows:
(c) A person may conduct a
cooking demonstration at a farmers' market only if:
(1) regardless of whether
the demonstrator provides a sample of food to consumers[, the farmers'
market that hosts the demonstration]:
(A) the [has an]
establishment operator [with a valid certification under Subchapter D, Chapter
438,] supervising the demonstration has completed a food handler
education or training program:
(i) accredited under
Subchapter D, Chapter 438; or
(ii) accredited by the
American National Standards Institute; and
(B) the farmers' market
that hosts the demonstration complies with Sections 437.020 and
437.0202, the requirements of a temporary food establishment under this
chapter, and rules adopted under this chapter; and
(2) when the demonstrator
provides a sample of food to consumers:
(A) the demonstrator
provides a sample only and not a full serving; and
(B) samples of food prepared
during a demonstration are disposed of not later than two hours after the
beginning of the demonstration.
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No
equivalent provision.
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SECTION 4. Section 438.046,
Health and Safety Code, is amended by amending Subsections (b) and (c) and
adding Subsections (b-1), (b-2), and (d) to read as follows:
(b) A local health
jurisdiction that requires training for a food service worker shall accept
as sufficient to meet the jurisdiction's training and testing requirements
a training course that is:
(1) accredited by the
department and listed with the registry; or
(2) accredited by the
American National Standards Institute.
(b-1) A food service
worker trained in a course for the employees of a single entity is
considered to have met a local health jurisdiction's training and testing
requirements only as to food service performed for that entity.
(b-2) A food service
worker trained in a course offered or
permitted by a local health jurisdiction is considered to have met a
local health jurisdiction's training and testing requirements as to food service performed in that jurisdiction
only.
(c) Except as provided by
Subsection (d), any [Any] fee charged by a local health
jurisdiction for a certificate issued to a food service worker trained by
an accredited course listed in the registry may not exceed the lesser of:
(1) the reasonable cost
incurred by the jurisdiction in issuing the certificate; or
(2) the fee charged by the
jurisdiction to issue a certificate to a food service worker certified by
the jurisdiction as having met the training and testing requirements by any
other means.
(d) A local health
jurisdiction may not charge a fee for a certificate issued to a food
handler trained by an accredited course described by Subsection (b).
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SECTION 1. Section 438.046,
Health and Safety Code, is amended by adding Subsection (b-1) to read as
follows:
(b-1) A food service
worker trained in a food handler training course accredited by the American National Standards Institute is
considered to have met a local health jurisdiction's training, testing, and
permitting requirements. A local health
jurisdiction may require a food establishment, as that term is defined by
Section 438.101, to maintain on the premises of the food establishment a
certificate of completion of the training course for employees of the food
establishment.
No
equivalent provision.
No equivalent provision.
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SECTION 5. This Act takes
effect immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.
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SECTION 2. Same as engrossed
version.
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