H.B. No. 3012
AN ACT
relating to food handlers and other food service employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0057 to read as follows:
Sec. 437.0057. REGULATION OF FOOD HANDLERS AND OTHER FOOD
SERVICE EMPLOYEES BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE
DEPARTMENT. (a) A county, a public health district, or the
department may require certification under Subchapter D, Chapter
438, for each food handler who is employed by a food service
establishment in which food is prepared on-site for sale to the
public and which holds a permit issued by the county, the public
health district, or the department. This section applies without
regard to whether the food service establishment is at a fixed
location or is a mobile food unit.
(b) The requirements of certification under this section
may not be more stringent than the requirements of Subchapter D,
Chapter 438.
(c) A county, a public health district, or the department
may not require an establishment that handles only prepackaged food
and does not prepare or package food to employ certified food
handlers under this section.
(d) A county, a public health district, or the department
may exempt a food service establishment from the requirement that
the county, public health district, or department has imposed under
Subsection (a) if the county, the public health district, or the
department determines that the application of Subsection (a) to
that establishment is not necessary to protect public health and
safety.
(e) A county, a public health district, or the department
may require a food service establishment to:
(1) post a sign in a place conspicuous to employees, in
a form adopted by the executive commissioner of the Health and Human
Services Commission, describing a food service employee's
responsibilities to report certain health conditions to the permit
holder under rules adopted by the executive commissioner; or
(2) require that each food service employee sign a
written agreement in a form adopted by the executive commissioner
to report those health conditions.
SECTION 2. Section 438.034, Health and Safety Code, is
amended to read as follows:
Sec. 438.034. EMPLOYEE CLEANLINESS. (a) A person
handling food or unsealed food containers shall:
(1) maintain personal cleanliness;
(2) wear clean outer garments;
(3) keep the person's hands clean; and
(4) [either:
[(A)] wash the person's hands and exposed
portions of the person's arms with soap and water:
(A) before starting work;
(B) [,] during work as often as necessary to
avoid cross-contaminating food; and
(C) to maintain cleanliness, after smoking,
eating, and each visit to the toilet[; or
[(B) avoid bare-hand contact with exposed food by
the use of gloves or utensils and wash hands after smoking, eating,
and each visit to the toilet].
(b) A person handling food or unsealed food containers may
not contact with bare hands exposed ready-to-eat food unless:
(1) documentation is maintained at the food service
establishment listing the foods and food handling activities that
involve bare-hand contact; and
(2) the food service establishment uses two or more of
the following contamination control measures:
(A) requiring employees to perform double hand
washing;
(B) requiring employees to use fingernail
brushes while hand washing;
(C) requiring employees to use a hand sanitizer
after hand washing;
(D) implementing an incentive program that
encourages employees not to come to work when ill; and
(E) any other contamination control measure
approved by the regulatory authority.
SECTION 3. (a) Not later than December 1, 2009, the
executive commissioner of the Health and Human Services Commission
shall adopt the form of the sign and the form of the employee
agreement under Section 437.0057(e), Health and Safety Code, as
added by this Act.
(b) A county, a public health district, or the Department of
State Health Services may not require a food service establishment
to post the sign or have the food service employees sign an
agreement under Section 437.0057(e), Health and Safety Code, as
added by this Act, before January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3012 was passed by the House on April
30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3012 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor