2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
CHAPTER 1953. SANITARIANS  

OCCUPATIONS CODE

TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND

SAFETY

SUBTITLE B. PRACTICES RELATED TO HEALTH AND SAFETY

CHAPTER 1953. SANITARIANS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER B. BOARD POWERS AND DUTIES

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 1953.054. RECORD OF PROCEEDINGS. The board shall keep a

record of proceedings under this chapter.

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

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER C. CERTIFICATE OF REGISTRATION

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER D. EXAMINATION

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER E. CERTIFICATE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 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, Sec. 4, eff. June 1,

2003.

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER F. PENALTIES

Sec. 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, Sec. 4, eff. June 1,

2003.

SUBCHAPTER G. ADMINISTRATIVE PENALTY

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.

Sec. 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, Sec. 26, eff. Sept. 1,

2003.