HBA-MPM H.B. 1838 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1838
By: Smith
Environmental Regulation
3/8/1999
Introduced

BACKGROUND AND PURPOSE 

Environmental sanitation refers to that aspect of public health that
includes  knowledge of air quality, food quality and protection, hazardous
and toxic substances, consumer product safety, institutional health and
safety, community noise control, radiation protection, recreational
facilities, solid and liquid waste management, vector control, drinking
water quality, milk sanitation, and rabies control. Sanitarians must
continue to learn and apply state-of-the art techniques to protect the
health and safety of Texas citizens.  Currently, Texas is not in alignment
with the national standards for assessing the credentials of registered
professional sanitarians.  H.B. 1838 elevates the educational requirements
by requiring a sanitarian to have a bachelor's degree.  Additionally, it
provides for continuing educational units, a longer training period, and
provides for the State Board of Health to set the registration fees. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 2(a) and (b), Chapter 300, Acts of the 59th
Legislature, Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: 

(a)  Defines the term "field of environmental sanitation," rather than
"field of sanitation," as the application, rather than the study, of art,
and technique of applying, scientific knowledge to control environmental
hazards and to preserve and improve environmental factors for the
achievement of the optimum health, safety, comfort, and well-being of
humans, rather than for the improvement of the environment of man for his
health and welfare. 

(b)  Defines the term "sanitarian" as a person qualified by education and
experience in basic and applied sciences to engage in the field of
environmental sanitation to protect human health and the environment
through education, design, implementation, inspection, and enforcement,
rather than a person who is trained in the field of sanitary science to
carry out educational and inspectional duties in the field of environmental
sanitation. 

SECTION 2. Amends Section 5, Chapter 300, Acts of the 59th Legislature,
Regular Session, 1965 (Article 4477-3, V.T.C.S.), by amending Subsections
(a) and (b) and adding Subsection (e), as follows: 

(a) Requires the State Board of Health (board), upon application on the
form prescribed by it, and upon payment of a registration fee set by the
board, rather than a fee of ten dollars, to issue a certificate of
registration as a professional sanitarian to any person with qualifications
stipulated under the provisions of this Act and who submits evidence by
passing a boardprescribed written examination that sets forth proof that
the applicant is qualified under the provisions of this Act. Makes
nonsubstantive changes. 

(b)  Requires a person applying for registration to have had no less than
two years, rather than one year, of full-time experience in the field of
environmental sanitation and to have completed training in basic sciences
and/or public health to the extent deemed necessary by the board.  Requires
that the educational requirements set forth by the board include the
requirement that an applicant have graduated from an accredited college or
university with at least a bachelor's degree that includes at least 30
semester hours in basic or applied science.  Deletes the provision that the
requirements not be at variance with the definition for "sanitarian" forth
by the Position Classification Act of 1961.  Requires all persons employed
in the field of environmental sanitation who meet all registration
qualifications except those of experience, upon approval by the board and
after a payment of a registration fee prescribed by the board for a
sanitarian in training, rather than payment of a fee of five dollars, in
addition to passing a written examination prescribed by the board, to be
granted a certificate of Sanitarian in Training.  Provides that this
certificate remains in effect unless revoked by the board for a period not
to exceed two years, rather than one year, after date of issue.  Makes
conforming and nonsubstantive changes. 

(e)  Provides that an applicant for a certificate of registration as a
professional sanitarian must pay an examination fee prescribed by the board
to take a license examination administered under this Act. 

SECTION 3.  Amends Section 6, Chapter 300, Acts of the 59th Legislature,
Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: 

Sec. 6.  RENEWAL OF CERTIFICATES; FEE; DELINQUENCY AND REINSTATEMENT.
Requires every professional sanitarian registered under the provisions of
this Act who desires to actively continue in the field of environmental
sanitation to annually pay the board a renewal fee, rather than a fee, that
is prescribed, rather than fixed, by the board and provide proof of
completion of continuing education contact hours established by the board,
rather than for the annual renewal of each license.  Deletes the
stipulation that the fee or license renewal shall not be fixed in excess of
ten dollars.  Makes conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 8(a), Chapter 300, Acts of the 59th Legislature,
Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: 

(a)  Requires the board to prescribe fees under this Act and to administer
the continuing education requirements of this Act, in addition to other
duties.  Creates Subdivisions (1) and (4) from existing text. 

SECTION 5.  Amends Section 12, Chapter 300, Acts of the 59th Legislature,
Regular Session, 1965 (Article 4477-3, V.T.C.S.), as follows: 

Sec. 12.  New title:  REGISTRATION REQUIRED; OFFENSES.  (a)  Prohibits a
person engaging or offering to engage in work in the field of environmental
sanitation in this state to represent himself to be a sanitarian, or use
any title containing the word "sanitarian" unless registered in good
standing with the board, either as a registered professional sanitarian or
a sanitarian in training.  Deletes the requirement that persons engaging in
or offering to engage in  work in the field of sanitation shall hold
themselves out as such a sanitarian after a period of six months from the
effective date of this Act.  Makes conforming and nonsubstantive changes. 

(b)  Provides that a person commits an offense if the person violates any
provisions of this Section.  Makes conforming and nonsubstantive changes. 

(c)  Provides that an offense under Subsection (b) of this Section is a
Class C misdemeanor.  Deletes the requirement that a person guilty of a
misdemeanor under this section be fined not less than $10 nor more than
$200. 

SECTION 6.  Effective date: September 1, 1999, except as provided by
Subsection (b) of this section.  Makes application of this Act prospective
to the educational requirements for registration as a professional
sanitarian beginning September 1, 2001. 

SECTION 7.  Emergency clause.