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AN ACT
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relating to providing for restroom access for persons with certain |
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medical conditions; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Restroom Access Act. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.069 to read as follows: |
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Sec. 341.069. ACCESS TO RESTROOM FACILITIES. (a) In this |
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section: |
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(1) "Customer" means an individual who is lawfully on |
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the premises of a retail establishment. |
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(2) "Eligible medical condition" means Crohn's |
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disease, ulcerative colitis, irritable bowel syndrome, or any other |
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permanent or temporary medical condition that requires immediate |
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access to a toilet facility. |
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(3) "Physician" has the meaning assigned by Section |
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151.002, Occupations Code. |
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(4) "Retail establishment" means a place of business |
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open to the general public for the sale of goods or services. |
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(b) A retail establishment that has a toilet facility for |
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its employees shall allow a customer to use the toilet facility |
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during normal business hours if: |
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(1) the retail establishment does not have a public |
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restroom that is immediately accessible to the customer; |
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(2) the employee toilet facility is not located in an |
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area where providing access would create an obvious health or |
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safety risk to the customer or an obvious security risk to the |
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retail establishment; |
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(3) the customer requesting use of the employee toilet |
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facility provides the retail establishment with evidence of the |
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customer's eligible medical condition including: |
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(A) a copy of a statement signed by a physician, a |
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registered nurse, a physician's assistant, or a person acting under |
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the delegation and supervision of a licensed physician in |
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conformance with Subchapter A, Chapter 157, Occupations Code, that |
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indicates the customer suffers from an eligible medical condition |
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or uses an ostomy device; or |
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(B) an identification card that is issued by a |
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nationally recognized health organization or a local health |
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department and that indicates the customer suffers from an eligible |
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medical condition or uses an ostomy device; and |
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(4) three or more employees of the retail |
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establishment are working and physically present on the premises of |
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the retail establishment at the time the customer requests to use |
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the employee toilet facility. |
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(c) A customer who uses a toilet facility as authorized by |
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this section shall leave the toilet facility in the same condition |
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as it was before the customer used the toilet facility. |
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(d) In providing access to an employee toilet facility under |
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this section, the retail establishment or employee does not owe the |
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customer to whom access is provided a greater degree of care than is |
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owed to a licensee on the premises. |
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(e) An employee of a retail establishment who refuses to |
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provide a customer with access to an employee toilet facility as |
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required by this section commits an offense. An offense under this |
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section is a misdemeanor punishable by a fine of not more than $100. |
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(f) A retail establishment is not required to make any |
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physical changes to an employee toilet facility under this section. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 416 was passed by the House on April |
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11, 2007, by the following vote: Yeas 113, Nays 32, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 416 on May 16, 2007, by the following vote: Yeas 105, Nays 37, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 416 was passed by the Senate, with |
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amendments, on May 14, 2007, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |