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