2005 Texas Occupations Code CHAPTER 1953. SANITARIANS

OCCUPATIONS CODE

CHAPTER 1953. SANITARIANS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 1953.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the Texas Board of Health.                                 
		(2)  "Sanitarian" means a person trained in sanitary 
science to perform duties relating to education and inspections in 
environmental sanitation.
		(3)  "Sanitation" means the study, art, and technique 
of applying scientific knowledge to improve the human environment 
for the purpose of promoting public health and welfare.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.002. EMPLOYMENT OF SANITARIAN.  This chapter does 
not require a person, including a municipality or governmental 
agency, to employ a sanitarian.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.003. EXEMPTIONS.  This chapter does not apply to a 
person, including a physician, dentist, engineer, or veterinarian, 
who is licensed by an agency of this state other than the board and 
who, by nature of the person's employment or duties, might be 
construed as being subject to this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER B. BOARD POWERS AND DUTIES


	§ 1953.051. GENERAL DUTIES OF BOARD.  The board shall:                      
		(1)  adopt rules to administer and enforce this 
chapter;                    
		(2)  administer continuing education requirements;  
and                     
		(3)  prescribe necessary forms.                                               

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.052. FEES;  PAYMENT OF ADMINISTRATIVE COSTS.  (a) 
The board shall prescribe fees under this chapter.
	(b)  General revenue of the state may not be used to pay the 
costs of administering this chapter in an amount that exceeds the 
amount of fees received under this chapter.
	(c)  If the fees are inadequate to pay the costs of 
administering this chapter, the board may increase the fees to an 
amount sufficient to pay those costs.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.053. REGISTER OF APPLICATIONS.  (a) The board 
shall keep a register of each application for a certificate of 
registration under this chapter.
	(b)  The register must include:                                                
		(1)  the name, age, and place of residence of the 
applicant;                
		(2)  the name and address of the employer or business 
connection of the applicant;
		(3)  the date of the application;                                             
		(4)  complete information regarding the applicant's 
education and experience qualifications;
		(5)  the date the board reviewed and acted on the 
application;              
		(6)  a description of the board's action on the 
application;                
		(7)  the serial number of any certificate of 
registration issued to the applicant;  and
		(8)  any other information the board determines 
necessary.                  

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.054. RECORD OF PROCEEDINGS.  The board shall keep 
a record of proceedings under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.055. REPORTS.  The board shall maintain a copy of 
each annual report and each report prepared by the state auditor 
issued in connection with this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER C. CERTIFICATE OF REGISTRATION


	§ 1953.101. REGISTRATION REQUIRED.  A person who engages 
or offers to engage in work in sanitation may not represent that the 
person is a sanitarian or use a title containing the word 
"sanitarian" unless the person holds a certificate of registration 
under this chapter.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.102. ELIGIBILITY REQUIREMENTS.  (a) To be eligible 
to receive a certificate of registration as a professional 
sanitarian, a person must:
		(1)  hold at least a bachelor's degree from an 
accredited college or university that includes at least 30 semester 
hours in basic or applied science;
		(2)  complete any additional training in the basic 
sciences or public health the board determines necessary to 
effectively serve as a professional sanitarian;  and
		(3)  have at least two years of full-time experience in 
sanitation.         
	(b)  The board by rule may establish other qualifications for 
registration.  

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.103. RECIPROCAL REGISTRATION.  The board under 
rules adopted by the board may enter into an agreement with another 
state to provide for reciprocal registration if the other state 
provides by statute for the registration of sanitarians.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.104. ISSUANCE OF CERTIFICATE:  PROFESSIONAL 
SANITARIAN.  The board shall issue a certificate of registration as 
a professional sanitarian to a person who:
		(1)  applies on the form prescribed by the board;                             
		(2)  pays the registration fee set by the board;                              
		(3)  meets the eligibility requirements prescribed by 
Section 1953.102;  and
		(4)  passes an examination under Subchapter D.                                

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.105. ISSUANCE OF CERTIFICATE:  SANITARIAN IN 
TRAINING.  (a) On approval by the board, the board shall issue a 
certificate of registration as a sanitarian in training to a person 
who:
		(1)  is employed in sanitation;                                               
		(2)  meets the eligibility requirements prescribed by 
Section 1953.102, other than the requirements relating to 
experience;
		(3)  pays a registration fee prescribed by the board 
for a sanitarian in training;  and
		(4)  passes an examination under Subchapter D.                                
	(b)  A certificate issued under this section is valid for a 
period not to exceed two years after the date of issuance.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.106. RENEWAL OR REINSTATEMENT OF CERTIFICATE.  (a) 
To renew a certificate of registration under this chapter, a 
professional sanitarian must:
		(1)  pay to the board a renewal fee prescribed by the 
board;  and           
		(2)  provide proof of completion of continuing 
education contact hours as prescribed by the board.
	(b)  The board may reinstate a certificate of registration as 
provided by board rules that was revoked for failure to pay the 
renewal fee.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER D. EXAMINATION


	§ 1953.151. EXAMINATION.  (a) To obtain a certificate of 
registration under this chapter, an applicant must pass a written 
examination prescribed by the board that provides evidence 
satisfactory to the board that the applicant is qualified for 
registration under this chapter.
	(b)  An applicant for a certificate of registration may not 
take the examination unless the applicant pays the examination fee 
prescribed by the board.
	(c)  In evaluating an applicant's performance on the 
examination, the board shall carefully consider the applicant's 
knowledge and understanding of the principles of sanitation and the 
physical, biological, and social sciences.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.152. EXAMINATION RESULTS.  (a) Not later than the 
30th day after the examination date, the board shall notify each 
examinee of the results of the examination.  If an examination is 
graded or reviewed by a national testing service, the board shall 
notify each examinee of the results of the examination not later 
than the 14th day after the date the board receives the results from 
the testing service.
	(b)  If the notice of the results of an examination graded or 
reviewed by a national testing service will not be given before the 
91st day after the examination date, the board shall notify each 
examinee of the reason for the delay before the 90th day.
	(c)  If requested in writing by a person who fails the 
examination, the board shall provide to the person an analysis of 
the person's performance on the examination.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY PROCEDURES


	§ 1953.201. DENIAL OF CERTIFICATE;  DISCIPLINARY 
ACTION.  (a) The board may deny a person's application for a 
certificate of registration if:
		(1)  the person's certificate or license to engage in a 
profession in this state or elsewhere has been revoked for 
unprofessional conduct, fraud, deceit, negligence, or misconduct 
in the practice of the profession;  or
		(2)  satisfactory proof is presented to the board 
establishing that the person has been found guilty of 
unprofessional conduct, fraud, deceit, negligence, or misconduct 
in the practice of a profession.
	(b)  The board may suspend or revoke a certificate of 
registration if the certificate holder:
		(1)  practiced fraud or deceit in obtaining the 
certificate;  or            
		(2)  acted in a manner constituting gross negligence, 
incompetency, or misconduct in the practice of sanitation.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           


	§ 1953.202. HEARING.  The board may not deny an 
application for a certificate of registration or suspend or revoke 
a person's certificate until a hearing is held and the person is 
given the opportunity to answer any charges filed with the board.

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER F. PENALTIES


	§ 1953.251. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person violates Section 1953.101.
	(b)  An offense under this section is a Class C misdemeanor.                   

Added by Acts 2001, 77th Leg., ch. 1421, § 4, eff. June 1, 2003.           

SUBCHAPTER G. ADMINISTRATIVE PENALTY


	§ 1953.301. IMPOSITION OF ADMINISTRATIVE PENALTY.  The 
board may impose an administrative penalty on a person registered 
under this chapter who violates this chapter or a rule or order 
adopted under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.302. AMOUNT OF ADMINISTRATIVE PENALTY.  (a) The 
amount of the administrative penalty may not be less than $50 or 
more than $5,000 for each violation.  Each day a violation continues 
or occurs is a separate violation for the purpose of imposing a 
penalty.
	(b)  The amount shall be based on:                                             
		(1)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of the violation;
		(2)  the economic harm caused by the violation;                               
		(3)  the history of previous violations;                                      
		(4)  the amount necessary to deter a future violation;                        
		(5)  efforts to correct the violation;  and                                   
		(6)  any other matter that justice may require.                               

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.303. REPORT AND NOTICE OF VIOLATION AND 
PENALTY.  (a) If the commissioner of public health or the 
commissioner's designee determines that a violation occurred, the 
commissioner or the designee may issue to the board a report 
stating:
		(1)  the facts on which the determination is based;  and                      
		(2)  the commissioner's or the designee's 
recommendation on the imposition of an administrative penalty, 
including a recommendation on the amount of the penalty.
	(b)  Within 14 days after the date the report is issued, the 
commissioner of public health or the commissioner's designee shall 
give written notice of the report to the person.  The notice must:
		(1)  include a brief summary of the alleged violation;                        
		(2)  state the amount of the recommended administrative 
penalty;  and       
		(3)  inform the person of the person's right to a 
hearing on the occurrence of the violation, the amount of the 
penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.304. PENALTY TO BE PAID OR HEARING REQUESTED.  (a) 
Within 10 days after the date the person receives the notice, the 
person in writing may:
		(1)  accept the determination and recommended 
administrative penalty of the commissioner of public health or the 
commissioner's designee;  or
		(2)  make a request for a hearing on the occurrence of 
the violation, the amount of the penalty, or both.
	(b)  If the person accepts the determination and recommended 
penalty of the commissioner of public health or the commissioner's 
designee, the board by order shall approve the determination and 
impose the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.305. HEARING.  (a) If the person requests a 
hearing or fails to respond in a timely manner to the notice, the 
commissioner of public health or the commissioner's designee shall 
set a hearing and give written notice of the hearing to the person.
	(b)  An administrative law judge of the State Office of 
Administrative Hearings shall hold the hearing.
	(c)  The administrative law judge shall make findings of fact 
and conclusions of law and promptly issue to the board a proposal 
for a decision about the occurrence of the violation and the amount 
of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.306. DECISION BY BOARD.  (a) Based on the findings 
of fact, conclusions of law, and proposal for decision, the board by 
order may determine that:
		(1)  a violation occurred and impose an administrative 
penalty;  or         
		(2)  a violation did not occur.                                               
	(b)  The notice of the board's order given to the person must 
include a statement of the right of the person to judicial review of 
the order.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.307. OPTIONS FOLLOWING DECISION:  PAY OR 
APPEAL.  (a) Within 30 days after the date the board's order 
becomes final, the person shall:
		(1)  pay the administrative penalty;  or                                      
		(2)  file a petition for judicial review contesting the 
occurrence of the violation, the amount of the penalty, or both.
	(b)  Within the 30-day period prescribed by Subsection (a), a 
person who files a petition for judicial review may:
		(1)  stay enforcement of the penalty by:                                      
			(A)  paying the penalty to the court for placement 
in an escrow account;  or
			(B)  giving the court a supersedeas bond approved 
by the court that:       
				(i)  is for the amount of the penalty;  and                                 
				(ii)  is effective until all judicial review 
of the board's order is final;  or
		(2)  request the court to stay enforcement of the 
penalty by:               
			(A)  filing with the court a sworn affidavit of 
the person stating that the person is financially unable to pay the 
penalty and is financially unable to give the supersedeas bond;  and
			(B)  giving a copy of the affidavit to the 
commissioner of public health or the commissioner's designee by 
certified mail.
	(c)  If the commissioner of public health or the 
commissioner's designee receives a copy of an affidavit under 
Subsection (b)(2), the commissioner or the designee may file with 
the court, within five days after the date the copy is received, a 
contest to the affidavit.
	(d)  The court shall hold a hearing on the facts alleged in 
the affidavit as soon as practicable and shall stay the enforcement 
of the penalty on finding that the alleged facts are true.  The 
person who files an affidavit has the burden of proving that the 
person is financially unable to pay the penalty and to give a 
supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.308. COLLECTION OF PENALTY.  (a) If the person 
does not pay the administrative penalty and the enforcement of the 
penalty is not stayed, the penalty may be collected.
	(b)  The attorney general may sue to collect the penalty.                      

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.309. DETERMINATION BY COURT.  (a) If the court 
sustains the determination that a violation occurred, the court may 
uphold or reduce the amount of the administrative penalty and order 
the person to pay the full or reduced amount of the penalty.
	(b)  If the court does not sustain the finding that a 
violation occurred, the court shall order that a penalty is not 
owed.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.310. REMITTANCE OF PENALTY AND INTEREST.  (a) If 
the person paid the administrative penalty and if the amount of the 
penalty is reduced or the penalty is not upheld by the court, the 
court shall order, when the court's judgment becomes final, that 
the appropriate amount plus accrued interest be remitted to the 
person.
	(b)  The interest accrues at the rate charged on loans to 
depository institutions by the New York Federal Reserve Bank.
	(c)  The interest shall be paid for the period beginning on 
the date the penalty is paid and ending on the date the penalty is 
remitted.
	(d)  If the person gave a supersedeas bond and the penalty is 
not upheld by the court, the court shall order, when the court's 
judgment becomes final, the release of the bond.
	(e)  If the person gave a supersedeas bond and the amount of 
the penalty is reduced, the court shall order the release of the 
bond after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.          


	§ 1953.311. ADMINISTRATIVE PROCEDURE.  A proceeding 
under this subchapter is a contested case under Chapter 2001, 
Government Code.

Added by Acts 2003, 78th Leg., ch. 326, § 26, eff. Sept. 1, 2003.