Texas 2009 - 81st Regular

Texas Senate Bill SB1887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8788 JSC-F
2	2	By: Ellis S.B. No. 1887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to food handlers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 437, Health and Safety Code, is amended
10	10	by adding Section 437.0057 to read as follows:
11	11	Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES,
12	12	PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a
13	13	public health district, or the department may require certification
14	14	under Subchapter D, Chapter 438, obtained not later than the 30th
15	15	day after the date a food handler is employed for each food handler
16	16	who is employed by a food service establishment in which food is
17	17	prepared on-site for sale to the public and which holds a permit
18	18	issued by the county, the public health district, or the
19	19	department. This section applies without regard to whether the
20	20	food service establishment is at a fixed location or is a mobile
21	21	food unit.
22	22	(b) The requirements of certification under this section
23	23	may not be more stringent than the requirements of Subchapter D,
24	24	Chapter 438.
25	25	(c) A county, a public health district, or the department
26	26	may not require an establishment that handles only prepackaged food
27	27	and does not prepare or package food to employ certified food
28	28	handlers under this section.
29	29	(d) A county, a public health district, or the department
30	30	may exempt a food service establishment from the requirement that
31	31	the county, public health district, or department has imposed under
32	32	Subsection (a) if the county, the public health district, or the
33	33	department determines that the application of Subsection (a) to
34	34	that establishment is not necessary to protect public health and
35	35	safety.
36	36	(e) A person employed as a food handler on the date a
37	37	certification requirement imposed by a county, a public health
38	38	district, or the department under this section becomes effective is
39	39	not required to obtain certification until the 60th day after the
40	40	date the requirement becomes effective.
41	41	SECTION 2. Section 438.032(b), Health and Safety Code, is
42	42	amended to read as follows:
43	43	(b) A person, firm, corporation, or organization operating
44	44	or managing a public eating place or vehicle or other place where
45	45	food is manufactured, processed, prepared, dispensed, or handled in
46	46	a manner or under circumstances that would permit the probable
47	47	transmission of disease from a handler to a consumer:
48	48	(1) may not employ a person described in Subsection
49	49	(a) to handle the food, utensils, dishes, or serving implements;
50	50	and
51	51	(2) shall post a sign in a place conspicuous to
52	52	employees, in a form adopted by the executive commissioner of the
53	53	Health and Human Services Commission, describing a food service
54	54	employee's responsibilities to report certain health conditions to
55	55	the permit holder under rules adopted by the executive
56	56	commissioner.
57	57	SECTION 3. Section 438.034, Health and Safety Code, is
58	58	amended to read as follows:
59	59	Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food
60	60	or unsealed food containers shall:
61	61	(1) maintain personal cleanliness;
62	62	(2) wear clean outer garments;
63	63	(3) keep the person's hands clean; [and]
64	64	(4) [either:
65	65	[(A)] wash the person's hands and exposed
66	66	portions of the person's arms with soap and water:
67	67	(A) before starting work;
68	68	(B) [,] during work as often as necessary to
69	69	avoid cross-contaminating food; and
70	70	(C) to maintain cleanliness, after smoking,
71	71	eating, and each visit to the toilet; and [or]
72	72	(5) [(B)] avoid bare-hand contact with exposed food by
73	73	the use of gloves or utensils [and wash hands after smoking, eating,
74	74	and each visit to the toilet].
75	75	SECTION 4. (a) Not later than December 1, 2009, the
76	76	executive commissioner of the Health and Human Services Commission
77	77	shall adopt the form of the sign required under Section 438.032,
78	78	Health and Safety Code, as amended by this Act.
79	79	(b) A person, firm, corporation, or other organization is
80	80	not required to post the sign required by Section 438.032, Health
81	81	and Safety Code, as amended by this Act, before January 1, 2010.
82	82	SECTION 5. This Act takes effect September 1, 2009.