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A BILL TO BE ENTITLED
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AN ACT
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relating to education and training programs for food handlers; |
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eliminating the authority of a local health jurisdiction to require |
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certain fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.0057, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (f) to read as follows: |
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(a) A county, a public health district, or the department |
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may require certification [under Subchapter D, Chapter 438,] for |
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each food handler who is employed by a food service establishment in |
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which food is prepared on-site for sale to the public and which |
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holds a permit issued by the county, the public health district, or |
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the department. |
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(a-1) For purposes of this section, a food handler receives |
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certification by successfully completing a food handler education |
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or training program: |
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(1) accredited under Subchapter D, Chapter 438; or |
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(2) accredited by the American National Standards |
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Institute. |
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(a-2) This section applies without regard to whether the |
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food service establishment is at a fixed location or is a mobile |
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food unit. |
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(f) The department may not adopt a rule, regulation, or |
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policy that requires food service workers in the state to |
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successfully complete a food handler training course. This |
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subsection does not prevent the state, a county, or a public health |
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district from imposing a food handler training course requirement |
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in a location regulated by the state, county, or public health |
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district. |
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SECTION 2. Section 437.0195(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) An individual who operates a cottage food production |
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operation must have successfully completed a basic food safety |
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education or training program for food handlers: |
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(1) accredited under Subchapter D, Chapter 438; or |
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(2) accredited by the American National Standards |
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Institute. |
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SECTION 3. Section 437.0203(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A person may conduct a cooking demonstration at a |
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farmers' market only if: |
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(1) regardless of whether the demonstrator provides a |
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sample of food to consumers[, the farmers' market that hosts the
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demonstration]: |
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(A) the [has an] establishment operator [with a
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valid certification under Subchapter D, Chapter 438,] supervising |
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the demonstration has completed a food handler education or |
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training program: |
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(i) accredited under Subchapter D, Chapter |
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438; or |
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(ii) accredited by the American National |
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Standards Institute; and |
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(B) the farmers' market that hosts the |
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demonstration complies with Sections 437.020 and 437.0202, the |
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requirements of a temporary food establishment under this chapter, |
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and rules adopted under this chapter; and |
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(2) when the demonstrator provides a sample of food to |
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consumers: |
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(A) the demonstrator provides a sample only and |
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not a full serving; and |
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(B) samples of food prepared during a |
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demonstration are disposed of not later than two hours after the |
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beginning of the demonstration. |
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SECTION 4. Section 438.046, Health and Safety Code, is |
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amended by amending Subsections (b) and (c) and adding Subsections |
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(b-1), (b-2), and (d) to read as follows: |
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(b) A local health jurisdiction that requires training for a |
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food service worker shall accept as sufficient to meet the |
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jurisdiction's training and testing requirements a training course |
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that is: |
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(1) accredited by the department and listed with the |
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registry; or |
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(2) accredited by the American National Standards |
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Institute. |
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(b-1) A food service worker trained in a course for the |
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employees of a single entity is considered to have met a local |
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health jurisdiction's training and testing requirements only as to |
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food service performed for that entity. |
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(b-2) A food service worker trained in a course offered or |
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permitted by a local health jurisdiction is considered to have met a |
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local health jurisdiction's training and testing requirements as to |
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food service performed in that jurisdiction only. |
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(c) Except as provided by Subsection (d), any [Any] fee |
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charged by a local health jurisdiction for a certificate issued to a |
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food service worker trained by an accredited course listed in the |
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registry may not exceed the lesser of: |
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(1) the reasonable cost incurred by the jurisdiction |
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in issuing the certificate; or |
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(2) the fee charged by the jurisdiction to issue a |
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certificate to a food service worker certified by the jurisdiction |
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as having met the training and testing requirements by any other |
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means. |
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(d) A local health jurisdiction may not charge a fee for a |
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certificate issued to a food handler trained by an accredited |
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course described by Subsection (b). |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |