HBA-JRA H.B. 2293 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2293
By: Uresti
Public Health
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, only cities under home-rule authority can require food manager
certification.  The Texas Department of Health (TDH), counties, and public
health districts do not have statutory authority to require certification
of food managers.  As a result, according to a 1995 TDH survey, only 70
percent of food managers in this state are certified in basic food safety
principles.  H.B. 2293 requires food managers to be certified by TDH and
requires TDH to prescribe requirements and adopt criteria for examinations
for certification. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Sections 438.102, 438.103 and 438.104, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 438, Health and Safety Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  CERTIFICATION OF FOOD MANAGERS

Sec. 438.101.  DEFINITIONS.  Defines "board," "commissioner," "department,"
"food establishment," and "food manager" for this subchapter. 

Sec. 438.102.  CERTIFICATION REQUIRED.  Prohibits a person from owning,
conducting, maintaining, managing, or operating a food establishment in
this state unless the person employs a certified food manager, except for a
food establishment that handles only prepackaged non-potentially hazardous
food.  Requires the Texas Board of Health (board) to adopt rules to exempt
these establishments. 

Sec. 438.103.  QUALIFICATIONS FOR CERTIFICATION.  Authorizes a person to
receive certification and re-certification as a food manager by passage of
a state-accredited examination.  Requires the board, by rule, to prescribe
the requirements for issuance and renewal of a food manager certificate.
Requires the board to adopt criteria to approve examinations that are
developed by federal, state, or local government agencies or by national
testing organizations.  Requires  examinations approved by the Texas
Department of Health (TDH) before the effective date of this legislation to
be considered to meet the examination criteria.  Requires food manager
certification and re-certification obtained under this subchapter to be
accepted by a local health jurisdiction as having met the training and
testing requirements under Section 438.046(b) of this code. 

Sec. 438.104.  POWERS AND DUTIES OF BOARD.  Authorizes the board, by rule,
to adopt reasonable and necessary fees to administer this subchapter.
Authorizes the board to adopt rules for the denial, suspension, and
revocation of a food manager certificate. Authorizes the board, by rule, to
prescribe standards for examination sites and site audits for
administration of this subchapter. 

Sec. 438.105.  ENFORCEMENT.  Authorizes TDH to enforce this subchapter as
provided  by this subchapter and by board rule.  Requires a county or
public health district that has adopted an order under Chapter 437
(Regulation of Food Service Establishments, Retail Food Stores, Mobile Food
Units, And Roadside Food Vendors), Health and Safety Code, to enforce this
subchapter.  Authorizes any other county or a public health district to
enforce this subchapter.  Authorizes a county or public health district to
offer training to enable food managers to successfully meet the
requirements for certification and adopt an order to assess a fee, subject
to Section 438.046(c) of this code, for training and for administration of
the certification examination. 

SECTION 2.  Emergency clause.
Effective date:  upon passage.