SRC-CTC S.B. 1084 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1084
77R7433 JAT-DBy: Harris
Health & Human Services
3/26/2001
As Filed


DIGEST AND PURPOSE 

Heppatitis A is generally a less serious form of the hepatitis disease, yet
it can still pose a risk to those with weakened or immature immune systems.
While there is no specific treatment for a hepatitis A infection, it can be
managed, and a vaccination can prevent the virus.  Food handlers can play a
critical role in hepatitis A transmission since the virus can be
transmitted through contaminated food.  As proposed, S.B. 1084 requires
food service workers to be immunized against hepatitis A in order to
protect the public health. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 1 (Section 438.038, Health and Safety Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 438C, Health and Safety Code, by adding Section
438.038, as follows: 

Sec. 438.038.  HEPATITIS IMMUNIZATION REQUIRED.  (a) Prohibits a person,
except as provided by Subsection (c), from being employed in an activity
regulated by Section 438.032, unless the person is immunized against
hepatitis A.   

(b) Requires the Texas Department of Health (department) to adopt rules for
the scheduling of hepatitis A vaccinations required under this section. 

(c)  Provides that immunization is not required under Subsection (a) under
certain circumstances. 

(d) Requires a local government authority that issues food handler permits
to revoke or refuse to renew a permit issued to a person who violates this
section. 

(e) Provides that a food service establishment, retail food store, mobile
food unit, or roadside food vendor that employs a person who violates this
section is subject to the same consequence as would be imposed for a
violation of the permitting law applicable to the food service
establishment, retail food store, mobile food unit, or roadside food vendor
or of a rule adopted under that permitting law.  Defines "food service
establishment," "retail food store," "mobile food unit," and "roadside food
vendor." 

SECTION 2.  (a) Effective date: September 1, 2001.

(b) Requires the department to adopt the rules necessary to administer
Section 438.038, Health and Safety Code, as added by this Act, not later
than December 1, 2001. 

(c) Provides that a person is not required to comply with the requirements
of Section 438.038,  Health and Safety Code, as added by this Act, before
January 1, 2002.