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


Office of House Bill AnalysisC.S.H.B. 1838
By: Smith
Environmental Regulation
4/1/1999
Committee Report (Substituted)

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. C.S.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 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 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
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" set forth by the
Position Classification Act of 1961.  Requires all persons employed in the
field of 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 2.  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 sanitation to pay
the board a renewal fee, rather than annually pay 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.  Deletes
the stipulation that the fee or license renewal shall not be fixed in
excess of ten dollars.  Makes conforming and nonsubstantive changes. 

SECTION 3.  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 4.  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 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 prohibition against persons engaging in or
offering to engage in work in the field of sanitation holding 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 5.  Effective date: September 1, 1999.  
Makes application of this Act prospective to the educational requirements
for registration as a professional sanitarian beginning September 1, 2001. 

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1838 modifies the original bill by deleting proposed SECTION 1,
which set forth the definition of "field of environmental sanitation,"
rather than "field of sanitation," and modified the definition of
"sanitarian." To conform to this deletion, the term "environmental
sanitarian," as used throughout the original bill, is restored  to
"sanitarian" in the substitute, as it currently appears in the already
codified sections.  Due to the deletion of SECTION 1, SECTIONS 2-7 in the
original bill are redesignated as SECTIONS 1-6 in the substitute. 

The substitute also changes the original bill in SECTION 2, redesignated
from SECTION 3 in the original, by deleting the requirement that renewal
fees paid to the State Board of Health by a professional sanitarian must be
made on an annual basis.