HBA-MPM H.B. 251 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 251
By: Keffer
Public Health
2/8/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, food manager certification of an individual may be
required only by municipalities under home-rule authority.  The Texas
Department of Health (TDH) and county and public health districts do not
currently have the statutory authority to require certification.  As a
result, not all food managers in Texas are certified in basic food safety
principles.  This may lead to outbreaks of illnesses due to the public's
consumption of contaminated food.  House Bill 251 authorizes the Texas
Board of Health and county and public health districts to require retail
food establishments to employ at least one certified food manager.  

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 437.0076, Health and Safety Code) and SECTION 2 (Sections 438.102
and 438.106, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 251 amends the Health and Safety Code to require the Texas Board
of Health (board) to establish a certification program for food managers
and, by rule, to prescribe the requirements for the issuance and renewal of
a food manager certificate (certificate).  A person is authorized to
receive or renew a certificate by passing a state-approved examination.
With respect to the certification process, the board is required to: 

_adopt criteria to approve examinations;

_select examination sites; 

_provide for an examination schedule which is convenient for food managers;

_consider the impact of the traveling distance and time required for a food
manager to obtain certification; 

_give consideration to mitigating the impact of the certification process
on food managers in rural areas; and 

_use the Internet to implement certification.

The bill further authorizes the board to develop a system to permit
administration of the examination using the Internet. 

The bill requires a certificate or renewal certificate to be accepted by a
county or public health district as proof that the food manager has met the
jurisdiction's training and testing requirements.  The board is authorized,
by rule, to adopt a necessary and reasonable fee not to exceed $35 for the
issuance or renewal of a certificate.  The bill authorizes the board to
adopt rules regarding the denial, suspension, and revocation  of a
certificate and to prescribe standards for examination sites,
administration expenses, and site audits. The board is required to adopt
rules to implement the certification process by January 1, 2002. 

The bill authorizes a county or public health district to require a food
establishment holding a county or public health district permit to employ a
certified food manager.  The bill also authorizes the board to require a
food establishment holding a Texas Department of Health permit to employ a
certified food manager.  The bill prohibits the board, county, or public
health district from requiring an establishment that handles only
prepackaged food to have a certified food manager.  Additionally, the
board, by rule, is authorized to exempt certain food establishments from
employing a certified food manager if the board determines that the
employment of a certified food manager is not necessary to protect public
health and safety.  A county or public health district is also authorized
to exempt food establishments within its jurisdiction from the requirement
if it determines that the employment of a certified food manager is not
necessary to protect public health and safety. 

EFFECTIVE DATE

September 1, 2001.  The board, county, or public health district is
prohibited from requiring employment of a certified food manager prior to
February 1, 2002.