| 1 | 1 | | 89R4334 SRA-D |
|---|
| 2 | 2 | | By: Martinez H.B. No. 2093 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to cardiopulmonary resuscitation certification |
|---|
| 10 | 10 | | requirements for certain food service establishment employees. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 438, Health and Safety Code, is amended |
|---|
| 13 | 13 | | by adding Subchapter E to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER E. CARDIOPULMONARY RESUSCITATION CERTIFICATION FOR |
|---|
| 15 | 15 | | CERTAIN FOOD SERVICE EMPLOYEES |
|---|
| 16 | 16 | | Sec. 438.051. DEFINITION. In this subchapter, "food |
|---|
| 17 | 17 | | service establishment" has the meaning assigned by Section 437.001. |
|---|
| 18 | 18 | | Sec. 438.052. APPLICABILITY. This subchapter applies only |
|---|
| 19 | 19 | | to a food service establishment with a space designed for food |
|---|
| 20 | 20 | | consumption on the premises of the establishment. |
|---|
| 21 | 21 | | Sec. 438.053. CARDIOPULMONARY RESUSCITATION CERTIFICATION. |
|---|
| 22 | 22 | | A food service establishment may require each establishment |
|---|
| 23 | 23 | | employee whose position requires regular interaction with |
|---|
| 24 | 24 | | customers consuming food on the establishment's premises to hold a |
|---|
| 25 | 25 | | certification in cardiopulmonary resuscitation issued by the |
|---|
| 26 | 26 | | American Heart Association, the American Red Cross, or a similar |
|---|
| 27 | 27 | | nationally recognized association. The establishment is not |
|---|
| 28 | 28 | | required to reimburse an employee for the cost of obtaining the |
|---|
| 29 | 29 | | certification. |
|---|
| 30 | 30 | | Sec. 438.054. CIVIL LIABILITY. (a) A food service |
|---|
| 31 | 31 | | establishment or an owner, employee, or agent of a food service |
|---|
| 32 | 32 | | establishment is not liable for civil damages resulting from the |
|---|
| 33 | 33 | | use of, attempted use of, or failure to use cardiopulmonary |
|---|
| 34 | 34 | | resuscitation unless the use of, attempted use of, or failure to use |
|---|
| 35 | 35 | | cardiopulmonary resuscitation is intentional or wilfully or |
|---|
| 36 | 36 | | wantonly negligent. |
|---|
| 37 | 37 | | (b) The immunity provided by this section is in addition to |
|---|
| 38 | 38 | | any other immunity provided by law. |
|---|
| 39 | 39 | | (c) Whether a person described by Subsection (a) holds a |
|---|
| 40 | 40 | | certification in or has received training in cardiopulmonary |
|---|
| 41 | 41 | | resuscitation does not affect the person's immunity from liability |
|---|
| 42 | 42 | | under this section. |
|---|
| 43 | 43 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|