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.