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.