81R4997 JSC-F
By: Coleman H.B. No. 3007
A BILL TO BE ENTITLED
AN ACT
relating to food handlers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0057 to read as follows:
Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES,
PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a
public health district, or the department may require certification
under Subchapter D, Chapter 438, for each food handler who is
employed by a food service establishment in which food is prepared
on-site for sale to the public and which holds a permit issued by
the county, the public health district, or the department. This
section applies without regard to whether the food service
establishment is at a fixed location or is a mobile food unit.
(b) A county, a public health district, or the department
may not require an establishment that handles only prepackaged food
and does not prepare or package food to employ certified food
handlers under this section.
(c) The department by rule may exempt a category of food
service establishment from the requirement that a county, a public
health district, or the department may impose under Subsection (a)
if the department determines that the application of Subsection (a)
to that type of establishment is not necessary to protect public
health and safety.
(d) A county, a public health district, or the department
may exempt a category of food service establishment from the
requirement that the county, public health district, or department
has imposed under Subsection (a) if the county, the public health
district, or the department determines that the application of
Subsection (a) to that type of establishment is not necessary to
protect public health and safety.
(e) The following entities are exempt from a requirement
imposed under Subsection (a):
(1) a bed and breakfast establishment described by
Section 437.019(a) or (b); and
(2) a child-care facility, as defined by Section
42.002, Human Resources Code.
SECTION 2. This Act takes effect September 1, 2009.