By: Kolkhorst S.B. No. 582
(In the Senate - Filed February 16, 2015;
February 23, 2015, read first time and referred to Committee on
Health and Human Services; March 30, 2015, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; March 30, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 582 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to education and training programs for food handlers;
eliminating the authority of a local health jurisdiction to require
certain fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.0057, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), and (f) to read as follows:
(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.
(a-1) For purposes of this section, a food handler receives
certification by successfully completing a food handler education
or training program:
(1) accredited under Subchapter D, Chapter 438; or
(2) accredited by the American National Standards
Institute.
(a-2) This section applies without regard to whether the
food service establishment is at a fixed location or is a mobile
food unit.
(f) The department may not adopt a rule, regulation, or
policy that requires food service workers in the state to
successfully complete a food handler training course. This
subsection does not prevent the state, a county, or a public health
district from imposing a food handler training course requirement
in a location regulated by the state, county, or public health
district.
SECTION 2. Section 437.0195(a), Health and Safety Code, is
amended to read as follows:
(a) An individual who operates a cottage food production
operation must have successfully completed a basic food safety
education or training program for food handlers:
(1) accredited under Subchapter D, Chapter 438; or
(2) accredited by the American National Standards
Institute.
SECTION 3. Section 437.0203(c), Health and Safety Code, is
amended to read as follows:
(c) A person may conduct a cooking demonstration at a
farmers' market only if:
(1) regardless of whether the demonstrator provides a
sample of food to consumers[, the farmers' market that hosts the
demonstration]:
(A) the [has an] establishment operator [with a
valid certification under Subchapter D, Chapter 438,] supervising
the demonstration has completed a food handler education or
training program:
(i) accredited under Subchapter D, Chapter
438; or
(ii) accredited by the American National
Standards Institute; and
(B) the farmers' market that hosts the
demonstration complies with Sections 437.020 and 437.0202, the
requirements of a temporary food establishment under this chapter,
and rules adopted under this chapter; and
(2) when the demonstrator provides a sample of food to
consumers:
(A) the demonstrator provides a sample only and
not a full serving; and
(B) samples of food prepared during a
demonstration are disposed of not later than two hours after the
beginning of the demonstration.
SECTION 4. Section 438.046, Health and Safety Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(b-1), (b-2), and (d) to read as follows:
(b) A local health jurisdiction that requires training for a
food service worker shall accept as sufficient to meet the
jurisdiction's training and testing requirements a training course
that is:
(1) accredited by the department and listed with the
registry; or
(2) accredited by the American National Standards
Institute.
(b-1) A food service worker trained in a course for the
employees of a single entity is considered to have met a local
health jurisdiction's training and testing requirements only as to
food service performed for that entity.
(b-2) A food service worker trained in a course offered or
permitted by a local health jurisdiction is considered to have met a
local health jurisdiction's training and testing requirements as to
food service performed in that jurisdiction only.
(c) Except as provided by Subsection (d), any [Any] fee
charged by a local health jurisdiction for a certificate issued to a
food service worker trained by an accredited course listed in the
registry may not exceed the lesser of:
(1) the reasonable cost incurred by the jurisdiction
in issuing the certificate; or
(2) the fee charged by the jurisdiction to issue a
certificate to a food service worker certified by the jurisdiction
as having met the training and testing requirements by any other
means.
(d) A local health jurisdiction may not charge a fee for a
certificate issued to a food handler trained by an accredited
course described by Subsection (b).
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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