By Harris S.B. No. 1084 77R7433 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. Subchapter C, Chapter 438, Health and Safety Code, 1-6 is amended by 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 be employed in an 1-9 activity regulated by Section 438.032, unless the person is 1-10 immunized against hepatitis A. 1-11 (b) The department shall adopt rules for the scheduling of 1-12 hepatitis A vaccinations required under this section. 1-13 (c) Immunization is not required under Subsection (a) if 1-14 the person: 1-15 (1) submits to the employer: 1-16 (A) an affidavit or a certificate signed by a 1-17 physician who is licensed to practice medicine in the United 1-18 States, in which it is stated that, in the physician's opinion, the 1-19 immunization would be injurious to the health and well-being of the 1-20 person or any member of the person's family or household; or 1-21 (B) an affidavit signed by the person or, if a 1-22 person is a minor, by the person's parent or guardian, stating that 1-23 the immunization conflicts with the tenets and practice of a 1-24 recognized church or religious denomination of which the employee 2-1 is an adherent or member, except that this exemption does not apply 2-2 in times of emergency or epidemic declared by the commissioner of 2-3 public health; or 2-4 (2) is a member of the armed forces of the United 2-5 States and is on active duty. 2-6 (d) A local government authority that issues food handler 2-7 permits shall revoke or refuse to renew a permit issued to a person 2-8 who violates this section. 2-9 (e) A food service establishment, retail food store, mobile 2-10 food unit, or roadside food vendor that employs a person who 2-11 violates this section is subject to the same consequence as would 2-12 be imposed for a violation of the permitting law applicable to the 2-13 food service establishment, retail food store, mobile food unit, or 2-14 roadside food vendor or of a rule adopted under that permitting 2-15 law. In this subsection, "food service establishment," "retail food 2-16 store," "mobile food unit," and "roadside food vendor" have the 2-17 meanings assigned by Section 437.001. 2-18 SECTION 2. (a) This Act takes effect September 1, 2001. 2-19 (b) Not later than December 1, 2001, the Texas Department of 2-20 Health shall adopt the rules necessary to administer Section 2-21 438.038, Health and Safety Code, as added by this Act. 2-22 (c) A person is not required to comply with the requirements 2-23 of Section 438.038, Health and Safety Code, as added by this Act, 2-24 before January 1, 2002.