HBA-JRA, MPM H.B. 2013 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2013
By: Hilderbran
Public Health
7/22/1999
Enrolled


BACKGROUND AND PURPOSE 

Until 1995, the quality of bottled and vended water in Texas was overseen
by the Department of Health (TDH).  When authority for enforcing
regulations on drinking water from municipalities was transferred to the
Texas Natural Resource Conservation Commission by a memorandum of
understanding in 1995, the regulation of bottled and vended water was not
addressed.  This resulted in TDH losing its authority to continue to
administer the operator certification program for bottled and vended water.
H.B. 2013 restores the authority of TDH to administer the operator
certification program for bottled and vended water and provides fees to
sustain this service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 441.003, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle A, Title 6, Health and Safety Code, by adding
Chapter 441, as follows: 

CHAPTER 441.  REGULATION OF BOTTLED AND 
VENDED DRINKING WATER

Sec. 441.001.  DEFINITION.  Defines "department" as the Texas Department of
Health (TDH) in this chapter. 

Sec. 441.002.  CERTIFICATION OF BOTTLED AND VENDED WATER OPERATORS. (a)
Prohibits a bottled or vended water operator (operator) from furnishing or
distributing bottled or vended water (water) unless the operator holds a
certificate of competency under this chapter.  Prohibits a person from
furnishing water to the public or for distribution to the public unless the
processing, bottling, and distribution of the water are performed by or
under the supervision of an operator who holds a certificate of competency
under this chapter. 

(b)  Provides that an applicant must pay TDH a $25 fee to obtain or renew a
certificate. 

(c)  Requires TDH, on receipt of the required fee, to provide for the
testing of the applicant and issue a certificate of competency if the
applicant passes the test. 

Sec. 441.003.  RULES.  Authorizes TDH to adopt rules necessary to implement
this chapter, which may include rules relating to certificate suspension,
revocation, or other disciplinary action and relating to certificate
renewal. 

SECTION 2.  Effective date: September 1, 1999.  
Makes application of this Act prospective to bottled or vended water
produced on or after December 1, 1999. 

SECTION 3.  Emergency clause.