HBA-JEK S.B. 1373 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1373
By: Moncrief
Public Health
5/4/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law authorizes the Texas Board of Health (board) to accredit an
education or training program for food service workers only if the program
meets certain criteria and includes 14 hours of classroom instruction and a
one hour examination.  The advent of distance learning and CD-ROM retail
food training programs now enables food service workers to learn basic food
safety principles at their own pace without having to attend classroom
training in person.  Removing the statutory requirements would allow
alternative training methods.  Senate Bill 1373 requires the board to
establish the course content required for the accreditation of an education
and training program for food service workers.  

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
(Section 438.043, Health and Safety Code) of this bill. 

ANALYSIS

Senate Bill 1373 amends the Health and Safety Code to remove the provisions
setting forth curriculum and examination criteria for the Texas Board of
Health (board) to use in accrediting education and training programs for
food service workers (program) and instead requires the board by rule to
establish the course content required for accreditation.  The bill requires
students of a program to take an examination approved by the Texas
Department of Health (TDH) to assist TDH in evaluating the program.  The
bill deletes the provision that provides that 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.  The bill specifies that unless TDH
has found or has reason to believe that the provider of the course breached
test security, issued counterfeit certificates, or provided students with
test answers a local health jurisdiction is required to accept as
sufficient to meet the jurisdiction's training and testing requirements a
training course that is accredited by TDH and listed with the registry. 

EFFECTIVE DATE

September 1, 2001.