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