H.B. No. 3012
 
 
 
 
AN ACT
  relating to food handlers and other food service employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.0057 to read as follows:
         Sec. 437.0057.  REGULATION OF FOOD HANDLERS AND OTHER FOOD
  SERVICE EMPLOYEES BY COUNTIES, PUBLIC HEALTH DISTRICTS, AND THE
  DEPARTMENT. (a)  A county, a public health district, or the
  department may require certification under Subchapter D, Chapter
  438, for each food handler who is employed by a food service
  establishment in which food is prepared on-site for sale to the
  public and which holds a permit issued by the county, the public
  health district, or the department.  This section applies without
  regard to whether the food service establishment is at a fixed
  location or is a mobile food unit.
         (b)  The requirements of certification under this section
  may not be more stringent than the requirements of Subchapter D,
  Chapter 438.
         (c)  A county, a public health district, or the department
  may not require an establishment that handles only prepackaged food
  and does not prepare or package food to employ certified food
  handlers under this section.
         (d)  A county, a public health district, or the department
  may exempt a food service establishment from the requirement that
  the county, public health district, or department has imposed under
  Subsection (a) if the county, the public health district, or the
  department determines that the application of Subsection (a) to
  that establishment is not necessary to protect public health and
  safety.
         (e)  A county, a public health district, or the department
  may require a food service establishment to:
               (1)  post a sign in a place conspicuous to employees, in
  a form adopted by the executive commissioner of the Health and Human
  Services Commission, describing a food service employee's
  responsibilities to report certain health conditions to the permit
  holder under rules adopted by the executive commissioner; or
               (2)  require that each food service employee sign a
  written agreement in a form adopted by the executive commissioner
  to report those health conditions.
         SECTION 2.  Section 438.034, Health and Safety Code, is
  amended to read as follows:
         Sec. 438.034.  EMPLOYEE CLEANLINESS. (a) A person
  handling food or unsealed food containers shall:
               (1)  maintain personal cleanliness;
               (2)  wear clean outer garments;
               (3)  keep the person's hands clean; and
               (4)  [either:
                     [(A)]  wash the person's hands and exposed
  portions of the person's arms with soap and water:
                     (A)  before starting work;
                     (B)  [,] during work as often as necessary to
  avoid cross-contaminating food; and
                     (C)  to maintain cleanliness, after smoking,
  eating, and each visit to the toilet[; or
                     [(B)     avoid bare-hand contact with exposed food by
  the use of gloves or utensils and wash hands after smoking, eating,
  and each visit to the toilet].
         (b)  A person handling food or unsealed food containers may
  not contact with bare hands exposed ready-to-eat food unless:
               (1)  documentation is maintained at the food service
  establishment listing the foods and food handling activities that
  involve bare-hand contact; and
               (2)  the food service establishment uses two or more of
  the following contamination control measures:
                     (A)  requiring employees to perform double hand
  washing;
                     (B)  requiring employees to use fingernail
  brushes while hand washing;
                     (C)  requiring employees to use a hand sanitizer
  after hand washing;
                     (D)  implementing an incentive program that
  encourages employees not to come to work when ill; and
                     (E)  any other contamination control measure
  approved by the regulatory authority.
         SECTION 3.  (a)  Not later than December 1, 2009, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the form of the sign and the form of the employee
  agreement under Section 437.0057(e), Health and Safety Code, as
  added by this Act.
         (b)  A county, a public health district, or the Department of
  State Health Services may not require a food service establishment
  to post the sign or have the food service employees sign an
  agreement under Section 437.0057(e), Health and Safety Code, as
  added by this Act, before January 1, 2010.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3012 was passed by the House on April
  30, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3012 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor