Texas 2025 89th Regular

Texas House Bill HB4766 Analysis / Analysis

Filed 05/02/2025

                    BILL ANALYSIS             H.B. 4766     By: Phelan     Licensing & Administrative Procedures     Committee Report (Unamended)             BACKGROUND AND PURPOSE    The bill author has informed the committee that state law regarding sanitarians and sanitarians in training lacks clarity in definitions and requirements for certification and that this lack of regulation has resulted in inconsistencies in professional standards and oversight. H.B. 4766 seeks to ensure uniformity and accountability in the field of sanitation by clarifying certain elements of the certification process for sanitarians and sanitarians in training, including updating registration requirements for sanitarians and providing for the definition of "sanitarians in training."       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 4766 amends the Occupations Code to revise statutory provisions relating to the regulation of sanitarians and sanitarians in training by doing the following:        replacing references to a "person" with references to an "individual" in those provisions;        defining "sanitarian in training" as an individual training in sanitary science while engaged in sanitation and including an individual who has less than one year of full‑time experience in sanitation among the criteria qualifying the individual for a certificate of registration as a sanitarian in training;        clarifying that the qualifications that the Texas Commission of Licensing and Regulation (TCLR) may establish by rule for a certificate of registration as a sanitarian are in addition to the qualifications prescribed by statute;         clarifying that issuance of such a certificate of registration to an otherwise qualified individual is conditioned on the individual meeting eligibility requirements prescribed by TCLR rule, in addition to those prescribed by statute; and        clarifying that the Texas Department of Licensing and Regulation (TDLR) is required to renew a certificate of registration as a sanitarian or sanitarian in training if the certificate holder meets certain criteria, as set out in current law.   H.B. 4766 repeals Sections 1953.151(b) and (c), Occupations Code, which respectively do the following with respect to the examination for a certificate of registration as a sanitarian or sanitarian in training:        prohibit an applicant for a certificate of registration from taking the examination unless the applicant pays the examination fee prescribed by TCLR rule; and        require TDLR, in evaluating an applicant's performance on the examination, to carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.       EFFECTIVE DATE    September 1, 2025.

BILL ANALYSIS



# BILL ANALYSIS

H.B. 4766
By: Phelan
Licensing & Administrative Procedures
Committee Report (Unamended)



H.B. 4766

By: Phelan

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE    The bill author has informed the committee that state law regarding sanitarians and sanitarians in training lacks clarity in definitions and requirements for certification and that this lack of regulation has resulted in inconsistencies in professional standards and oversight. H.B. 4766 seeks to ensure uniformity and accountability in the field of sanitation by clarifying certain elements of the certification process for sanitarians and sanitarians in training, including updating registration requirements for sanitarians and providing for the definition of "sanitarians in training."
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 4766 amends the Occupations Code to revise statutory provisions relating to the regulation of sanitarians and sanitarians in training by doing the following:        replacing references to a "person" with references to an "individual" in those provisions;        defining "sanitarian in training" as an individual training in sanitary science while engaged in sanitation and including an individual who has less than one year of full‑time experience in sanitation among the criteria qualifying the individual for a certificate of registration as a sanitarian in training;        clarifying that the qualifications that the Texas Commission of Licensing and Regulation (TCLR) may establish by rule for a certificate of registration as a sanitarian are in addition to the qualifications prescribed by statute;         clarifying that issuance of such a certificate of registration to an otherwise qualified individual is conditioned on the individual meeting eligibility requirements prescribed by TCLR rule, in addition to those prescribed by statute; and        clarifying that the Texas Department of Licensing and Regulation (TDLR) is required to renew a certificate of registration as a sanitarian or sanitarian in training if the certificate holder meets certain criteria, as set out in current law.   H.B. 4766 repeals Sections 1953.151(b) and (c), Occupations Code, which respectively do the following with respect to the examination for a certificate of registration as a sanitarian or sanitarian in training:        prohibit an applicant for a certificate of registration from taking the examination unless the applicant pays the examination fee prescribed by TCLR rule; and        require TDLR, in evaluating an applicant's performance on the examination, to carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.
EFFECTIVE DATE    September 1, 2025.



BACKGROUND AND PURPOSE

The bill author has informed the committee that state law regarding sanitarians and sanitarians in training lacks clarity in definitions and requirements for certification and that this lack of regulation has resulted in inconsistencies in professional standards and oversight. H.B. 4766 seeks to ensure uniformity and accountability in the field of sanitation by clarifying certain elements of the certification process for sanitarians and sanitarians in training, including updating registration requirements for sanitarians and providing for the definition of "sanitarians in training."

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4766 amends the Occupations Code to revise statutory provisions relating to the regulation of sanitarians and sanitarians in training by doing the following:

replacing references to a "person" with references to an "individual" in those provisions;

defining "sanitarian in training" as an individual training in sanitary science while engaged in sanitation and including an individual who has less than one year of full‑time experience in sanitation among the criteria qualifying the individual for a certificate of registration as a sanitarian in training;

clarifying that the qualifications that the Texas Commission of Licensing and Regulation (TCLR) may establish by rule for a certificate of registration as a sanitarian are in addition to the qualifications prescribed by statute;

clarifying that issuance of such a certificate of registration to an otherwise qualified individual is conditioned on the individual meeting eligibility requirements prescribed by TCLR rule, in addition to those prescribed by statute; and

clarifying that the Texas Department of Licensing and Regulation (TDLR) is required to renew a certificate of registration as a sanitarian or sanitarian in training if the certificate holder meets certain criteria, as set out in current law.

H.B. 4766 repeals Sections 1953.151(b) and (c), Occupations Code, which respectively do the following with respect to the examination for a certificate of registration as a sanitarian or sanitarian in training:

prohibit an applicant for a certificate of registration from taking the examination unless the applicant pays the examination fee prescribed by TCLR rule; and

require TDLR, in evaluating an applicant's performance on the examination, to carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.

EFFECTIVE DATE

September 1, 2025.