| 1 | 1 | | 81R4997 JSC-F |
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| 2 | 2 | | By: Coleman H.B. No. 3007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to food handlers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 10 | 10 | | by adding Section 437.0057 to read as follows: |
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| 11 | 11 | | Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES, |
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| 12 | 12 | | PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a |
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| 13 | 13 | | public health district, or the department may require certification |
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| 14 | 14 | | under Subchapter D, Chapter 438, for each food handler who is |
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| 15 | 15 | | employed by a food service establishment in which food is prepared |
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| 16 | 16 | | on-site for sale to the public and which holds a permit issued by |
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| 17 | 17 | | the county, the public health district, or the department. This |
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| 18 | 18 | | section applies without regard to whether the food service |
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| 19 | 19 | | establishment is at a fixed location or is a mobile food unit. |
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| 20 | 20 | | (b) A county, a public health district, or the department |
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| 21 | 21 | | may not require an establishment that handles only prepackaged food |
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| 22 | 22 | | and does not prepare or package food to employ certified food |
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| 23 | 23 | | handlers under this section. |
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| 24 | 24 | | (c) The department by rule may exempt a category of food |
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| 25 | 25 | | service establishment from the requirement that a county, a public |
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| 26 | 26 | | health district, or the department may impose under Subsection (a) |
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| 27 | 27 | | if the department determines that the application of Subsection (a) |
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| 28 | 28 | | to that type of establishment is not necessary to protect public |
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| 29 | 29 | | health and safety. |
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| 30 | 30 | | (d) A county, a public health district, or the department |
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| 31 | 31 | | may exempt a category of food service establishment from the |
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| 32 | 32 | | requirement that the county, public health district, or department |
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| 33 | 33 | | has imposed under Subsection (a) if the county, the public health |
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| 34 | 34 | | district, or the department determines that the application of |
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| 35 | 35 | | Subsection (a) to that type of establishment is not necessary to |
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| 36 | 36 | | protect public health and safety. |
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| 37 | 37 | | (e) The following entities are exempt from a requirement |
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| 38 | 38 | | imposed under Subsection (a): |
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| 39 | 39 | | (1) a bed and breakfast establishment described by |
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| 40 | 40 | | Section 437.019(a) or (b); and |
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| 41 | 41 | | (2) a child-care facility, as defined by Section |
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| 42 | 42 | | 42.002, Human Resources Code. |
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| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2009. |
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