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


Office of House Bill AnalysisC.S.H.B. 251
By: Keffer
Public Health
3/4/2001
Committee Report (Substituted)



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.  C.S.H.B. 251 authorizes the Texas Board
of Health (board) and county and public health districts to require retail
food establishments to employ at least one food manager certified by the
board.  

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

C.S.H.B. 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;

_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 as
meeting 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, and to adopt a fee not to exceed $10
for an examination administered by the Texas Department of Health (TDH).
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 TDH 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.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 251 differs from the original by authorizing the board to adopt a
fee not to exceed $10 for a state examination for food managers
administered by the Texas Department of Health.  The substitute also
differs from the original by clarifying that a food manager certificate is
required to be accepted as meeting the training and testing requirements.