BILL ANALYSIS
By: Strama
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Millions of Texans and Americans are impacted by medical conditions that require immediate access to a toilet facility. Inflammatory Bowel Disease (IBD), an umbrella term for Crohn’s disease and ulcerative colitis, affects approximately 115,000 Texans. Of those affected, 10% are under the age of 18. One in every 100 Americans has IBD. According to statistics provided by the National Institutes of Health, 13 million American adults suffer from urinary incontinences. The National Digestive Disease Information Clearinghouse places fecal incontinence as a condition affecting 5.5 million American adults. Another more recent study places the figure between 2.2% and 6.9% of the population — or, between 5.5 to 17 million Americans. In total, there are more than 40 medical conditions that either permanently or temporarily cause fecal or urinary incontinence.
Committee Substitute House Bill (CSHB) 416 allows customers who suffer from an eligible medical condition be given access to an employee-only restroom in a retail establishment. An eligible medical condition refers to any permanent or temporary medical condition that requires immediate access to a toilet facility. Two other states have passed similar legislation, Illinois and Maryland. Passed in 2005, the Illinois law became known as "Ally's Law." Initiated by a 14-year-old teenager named Ally McBain who suffers from IBD, she advocated for this type of legislation as a direct result of her experience at an Old Navy store. Denied access to the employee-only restroom facility by the store's management, she had an accident in the middle of the store. Other states have considered or are currently considering similar statutes. These states include: Michigan, Minnesota, Delaware, and Tennessee.
CSHB 416 will truly and significantly improve the quality of life for many Texans. Those suffer from lifelong medical conditions struggle for a sense of normalcy in their lives. Having access to a bathroom when away from home is an important part of establishing normalcy in their day-to-day lives. Those with these chronic medical conditions are often forced to choose between staying home to ensure access to a restroom or risk having an accident if access to a restroom is unavailable. CSHB 416 will give many Texans the freedom to leave home.
In addition to those who suffer from permanent conditions, others who have temporary conditions that require immediate access to a bathroom would also benefit from guaranteed access to employee-only toilet facilities. For example, those offered legal protection under CSHB 416 due to a temporary medical condition include pregnant women, particularly those in the first and third trimester when urgency is common.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
CSHB 416 defines "customer" as an individual who is lawfully on the premises of a retail establishment. Further, it notes that an "eligible medical condition" refers to any permanent or temporary medical condition that requires immediate access to a toilet facility. Finally, "physician" is noted as being defined in the Occupation Code and "retail establishment" is defined as a place of business open to the general public for the sale of goods or services.
CSHB 416 allows customers who suffer from an eligible medical condition to be given access to an employee-only restroom in a retail establishment. Eligible medical conditions may be permanent or temporary in nature. Some examples of eligible medical conditions are listed, including Crohn's disease, ulcerative colitis, and irritable bowel syndrome.
The bill specifies conditions that must be met in order for a retail establishment to comply with CSHB 416. The retail establishment that has a toilet facility for its employees must allow a customer that meets the eligibility requirements to use that facility during normal business hours if the following conditions are met: (1) the retail establishment does not have a public restroom that is immediately accessible to the customer; (2) the employee bathroom is not located in an area where access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment; (3) 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-only toilet facility; and, (4) the customer provides evidence of an eligible medical condition.
Furthermore, CSHB outlines that customers requesting use of the employee toilet facility must provide the retail establishment with evidence of their eligible medical condition. Given that most of the eligible medical conditions are not physically evident, evidence is required (The only exception are women in the later part of pregnancy). Some of the examples explicitly listed in the bill include a copy of a statement signed by a physician that indicates that the customer suffers from an eligible medical condition or uses an ostomy device, or an identification card that is issued by a nationally recognized health organization or a local health department that indicates that the customer suffers from an eligible medical condition or uses an ostomy device.
In addition, the bill provides an explanation of the penalties associated with not complying with this statute. An employee of a retail establishment who refuses access to a customer who meets the eligibility requirements will be committing a misdemeanor punishable by a fine of not more than $100.
Lastly, CSHB 416 specifies that retail establishments are not required to make any physical changes to an employee toilet facility.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 416 deletes "on a prescription form" from the text of bill.