HBA-DMH C.S.H.B. 640 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 640
By: Turner, Sylvester
Public Health
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Department of Health (TDH) establishes sanitation standards for
public restrooms in public buildings.  Currently, schools are exempt from
the standards established by TDH which  maintain restrooms in good order to
preclude the probability of disease transmission.  C.S.H.B. 640 requires
TDH  to adopt reasonable rules regarding sanitation in public school
restrooms and provides minimum requirements. 

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 341.065, Health and Safety Code) of this bill. 

ANALYSIS

C.S.H.B. 640 amends the Health and Safety Code to require the Texas
Department of Health (TDH) to adopt reasonable rules regarding sanitation
in public school restrooms.  The bill provides that the rules must require
at a minimum that students have access to hand cleaner, a sanitary method
to dry hands, and running water.  The bill requires TDH to send any such
proposed rules to the Texas Education Agency for review and comment.  The
bill requires TDH or local health department to inspect each public school
for compliance with adopted rules at least once every three years.  The
bill requires TDH to allow school districts reasonable time to comply with
adopted rules. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 640 differs from the original bill by providing that the public
school restroom sanitation rules must require that students have access to,
rather than that a restroom provide, the minimum requirements.  The
substitute provides that the rules must require that students have access
to running water, rather than hot and cold running water.  The substitute
modifies the provisions regarding public school restroom inspection to
provide that a local health department may perform such inspections.