By Grusendorf H.B. No. 518
77R1618 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring hepatitis A vaccines for food service
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 438, Health and Safety Code, is amended by
1-6 adding Section 438.038 to read as follows:
1-7 Sec. 438.038. HEPATITIS IMMUNIZATION REQUIRED. (a) Except
1-8 as provided by Subsection (c), a person may not handle food,
1-9 utensils, dishes, or serving implements that are for public sale or
1-10 for the consumption or use by another unless the person is
1-11 immunized against hepatitis A.
1-12 (b) The department shall adopt rules for the scheduling of
1-13 hepatitis A vaccinations for employees.
1-14 (c) Immunization is not required under Subsection (a) if
1-15 the person:
1-16 (1) submits to the employer:
1-17 (A) an affidavit or a certificate signed by a
1-18 physician who is licensed to practice medicine in the United
1-19 States, in which it is stated that, in the physician's opinion, the
1-20 immunization would be injurious to the health and well-being of the
1-21 person or any member of the person's family or household; or
1-22 (B) an affidavit signed by the person or, if a
1-23 person is a minor, by the person's parent or guardian, stating that
1-24 the immunization conflicts with the tenets and practice of a
2-1 recognized church or religious denomination of which the employee
2-2 is an adherent or member, except that this exemption does not apply
2-3 in times of emergency or epidemic declared by the commissioner of
2-4 public health; or
2-5 (2) is a member of the armed forces of the United
2-6 States and is on active duty.
2-7 (d) A local government authority that issues food handler
2-8 permits shall revoke or refuse to renew a permit issued to a person
2-9 who violates this section.
2-10 (e) A food service establishment, retail food store, mobile
2-11 food unit, or roadside food vendor that employs a person who
2-12 violates this section is subject to the same consequence as would
2-13 be imposed for a violation of the permitting law applicable to the
2-14 food service establishment, retail food store, mobile food unit, or
2-15 roadside food vendor or of a rule adopted under that permitting
2-16 law. In this subsection, "food service establishment," "retail food
2-17 store," "mobile food unit," and "roadside food vendor" have the
2-18 meanings assigned by Section 437.001.
2-19 SECTION 2. (a) This Act takes effect September 1, 2001.
2-20 (b) Not later than December 1, 2001, the Texas Department of
2-21 Health shall adopt the rules necessary to administer Section
2-22 438.038, Health and Safety Code, as added by this Act.
2-23 (c) A person is not required to comply with the requirements
2-24 of Section 438.038, Health and Safety Code, as added by this Act,
2-25 before January 1, 2002.