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