85R20668 DMS-F
By: Perry, et al. S.B. No. 1089
(Burkett, Frullo)
Substitute the following for S.B. No. 1089: No.
A BILL TO BE ENTITLED
AN ACT
relating to the certification of food service workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 438.046(b), (b-1), and (c), Health and
Safety Code, are amended 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 accredited by the department and listed with the registry.]
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, and permitting
requirements only as to food service performed for that entity.
(b-1) A food service worker trained in a food handler
training course that is accredited by the American National
Standards Institute or that is accredited by the department and
listed with the registry is considered to have met a local health
jurisdiction's training, testing, and permitting requirements. A
local health jurisdiction may require a food establishment, as that
term is defined by Section 438.101, to maintain on the premises of
the food establishment a certificate of completion of the training
course for employees of the food establishment.
(c) A local health jurisdiction may not charge a fee or
require or issue a local food handler card for a certificate issued
to a food service worker who provides proof of completion of an
accredited course described by Subsection (b-1) [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].
SECTION 2. 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, 2017.