Texas 2009 - 81st Regular

Texas House Bill HB3012 Compare Versions

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1	1	H.B. No. 3012
2	2
3	3
4	4	AN ACT
5	5	relating to food handlers and other food service employees.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 437, Health and Safety Code, is amended
8	8	by adding Section 437.0057 to read as follows:
9	9	Sec. 437.0057. REGULATION OF FOOD HANDLERS AND OTHER FOOD
10	10	SERVICE EMPLOYEES BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE
11	11	DEPARTMENT. (a) A county, a public health district, or the
12	12	department may require certification under Subchapter D, Chapter
13	13	438, for each food handler who is employed by a food service
14	14	establishment in which food is prepared on-site for sale to the
15	15	public and which holds a permit issued by the county, the public
16	16	health district, or the department. This section applies without
17	17	regard to whether the food service establishment is at a fixed
18	18	location or is a mobile food unit.
19	19	(b) The requirements of certification under this section
20	20	may not be more stringent than the requirements of Subchapter D,
21	21	Chapter 438.
22	22	(c) A county, a public health district, or the department
23	23	may not require an establishment that handles only prepackaged food
24	24	and does not prepare or package food to employ certified food
25	25	handlers under this section.
26	26	(d) A county, a public health district, or the department
27	27	may exempt a food service establishment from the requirement that
28	28	the county, public health district, or department has imposed under
29	29	Subsection (a) if the county, the public health district, or the
30	30	department determines that the application of Subsection (a) to
31	31	that establishment is not necessary to protect public health and
32	32	safety.
33	33	(e) A county, a public health district, or the department
34	34	may require a food service establishment to:
35	35	(1) post a sign in a place conspicuous to employees, in
36	36	a form adopted by the executive commissioner of the Health and Human
37	37	Services Commission, describing a food service employee's
38	38	responsibilities to report certain health conditions to the permit
39	39	holder under rules adopted by the executive commissioner; or
40	40	(2) require that each food service employee sign a
41	41	written agreement in a form adopted by the executive commissioner
42	42	to report those health conditions.
43	43	SECTION 2. Section 438.034, Health and Safety Code, is
44	44	amended to read as follows:
45	45	Sec. 438.034. EMPLOYEE CLEANLINESS. (a) A person
46	46	handling food or unsealed food containers shall:
47	47	(1) maintain personal cleanliness;
48	48	(2) wear clean outer garments;
49	49	(3) keep the person's hands clean; and
50	50	(4) [either:
51	51	[(A)] wash the person's hands and exposed
52	52	portions of the person's arms with soap and water:
53	53	(A) before starting work;
54	54	(B) [,] during work as often as necessary to
55	55	avoid cross-contaminating food; and
56	56	(C) to maintain cleanliness, after smoking,
57	57	eating, and each visit to the toilet[; or
58	58	[(B) avoid bare-hand contact with exposed food by
59	59	the use of gloves or utensils and wash hands after smoking, eating,
60	60	and each visit to the toilet].
61	61	(b) A person handling food or unsealed food containers may
62	62	not contact with bare hands exposed ready-to-eat food unless:
63	63	(1) documentation is maintained at the food service
64	64	establishment listing the foods and food handling activities that
65	65	involve bare-hand contact; and
66	66	(2) the food service establishment uses two or more of
67	67	the following contamination control measures:
68	68	(A) requiring employees to perform double hand
69	69	washing;
70	70	(B) requiring employees to use fingernail
71	71	brushes while hand washing;
72	72	(C) requiring employees to use a hand sanitizer
73	73	after hand washing;
74	74	(D) implementing an incentive program that
75	75	encourages employees not to come to work when ill; and
76	76	(E) any other contamination control measure
77	77	approved by the regulatory authority.
78	78	SECTION 3. (a) Not later than December 1, 2009, the
79	79	executive commissioner of the Health and Human Services Commission
80	80	shall adopt the form of the sign and the form of the employee
81	81	agreement under Section 437.0057(e), Health and Safety Code, as
82	82	added by this Act.
83	83	(b) A county, a public health district, or the Department of
84	84	State Health Services may not require a food service establishment
85	85	to post the sign or have the food service employees sign an
86	86	agreement under Section 437.0057(e), Health and Safety Code, as
87	87	added by this Act, before January 1, 2010.
88	88	SECTION 4. This Act takes effect September 1, 2009.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 3012 was passed by the House on April
92	92	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 3012 was passed by the Senate on May
97	97	21, 2009, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor