HBA-JRA C.S.H.B. 2293 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2293 By: Uresti Public Health 5/7/1999 Committee Report (Substituted) 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. C.S.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 food that is not potentially hazardous. Requires the Texas Board of Health (board) to adopt rules to exempt these establishments. Sec. 438.103. QUALIFICATIONS FOR CERTIFICATION. (a) Authorizes a person to receive a food manager certificate and renew a certificate by passing a state-accredited examination. (b) 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. (c) Requires a food manager certificate and renewal certificate obtained under this subchapter to be accepted by a local health jurisdiction as proof that the food manager has met the training and testing requirements under Section 438.046(b) of this code. (d) Requires the board, by rule, to establish an implementation schedule for certification. Requires the board to select examination sites and provide for an examination schedule that avoids inconvenience or hardship for food managers. Requires the board to consider the impact of the traveling distance and time required for a food manager to obtain certification. Requires the board to give particular consideration to mitigating the impact of the subchapter on managers in rural areas. 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. Effective date: September 1, 1999, except that Section 438.102, Health and Safety Code, as added by this Act, takes effect January 1, 2000. Requires the board to adopt rules as required by this Act by November 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 to modify proposed Section 438.103, Health and Safety Code, by adding a new Subsection (d) to require the board, by rule, to establish an implementation schedule for certification; require the board to select examination sites and provide for an examination schedule that avoids inconvenience or hardship for food managers; require the board to consider the impact of the traveling distance and time required for a food manager to obtain certification; and require the board to give particular consideration to mitigating the impact of the subchapter on managers in rural areas. The substitute adds a new SECTION 2 to provide that this Act takes effect September 1, 1999, except that Section 438.102, Health and Safety Code, as added by this Act, takes effect January 1, 2000. The substitute also requires the board to adopt rules as required by this Act by November 1, 1999. The substitute also redesignates SECTION 2 (emergency clause) of the original to SECTION 3 and makes nonsubstantive changes.