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A BILL TO BE ENTITLED
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AN ACT
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relating to providing for restroom access for persons with certain |
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medical conditions; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Restroom Access Act. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.069 to read as follows: |
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Sec. 341.069. ACCESS TO RESTROOM FACILITIES. (a) In this |
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section: |
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(1) "Customer" means an individual who is lawfully on |
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the premises of a retail establishment. |
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(2) "Eligible medical condition" means Crohn's |
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disease, ulcerative colitis, irritable bowel syndrome, or any other |
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permanent or temporary medical condition that requires immediate |
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access to a toilet facility. |
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(3) "Physician" has the meaning assigned by Section |
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151.002, Occupations Code. |
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(4) "Retail establishment" means a place of business |
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open to the general public for the sale of goods or services. |
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(b) A retail establishment that has a toilet facility for |
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its employees shall allow a customer to use the toilet facility |
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during normal business hours if: |
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(1) the retail establishment does not have a public |
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restroom that is immediately accessible to the customer; |
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(2) the employee toilet facility is not located in an |
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area where providing access would create an obvious health or |
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safety risk to the customer or an obvious security risk to the |
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retail establishment; |
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(3) the customer requesting use of the employee toilet |
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facility provides the retail establishment with evidence of the |
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customer's eligible medical condition including: |
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(A) a copy of a statement signed by a physician |
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that indicates the customer suffers from an eligible medical |
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condition or uses an ostomy device; or |
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(B) an identification card that is issued by a |
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nationally recognized health organization or a local health |
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department and that indicates the customer suffers from an eligible |
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medical condition or uses an ostomy device; and |
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(4) three or more employees of the retail |
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establishment are working and physically present on the premises of |
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the retail establishment at the time the customer requests to use |
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the employee toilet facility. |
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(c) A customer who uses a toilet facility as authorized by |
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this section shall leave the toilet facility in the same condition |
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as it was before the customer used the toilet facility. |
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(d) A retail establishment or an employee of a retail |
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establishment is not liable in civil damages for any act or omission |
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in allowing a customer to use an employee toilet facility that is |
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not a public restroom in accordance with this section if the act or |
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omission: |
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(1) is not wilful or grossly negligent; |
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(2) occurs in an area of the retail establishment that |
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is not accessible to the public; and |
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(3) results in property damage or bodily injury to or |
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death of the customer or any individual other than an employee |
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accompanying the customer. |
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(e) An employee of a retail establishment who refuses to |
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provide a customer with access to an employee toilet facility as |
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required by this section commits an offense. An offense under this |
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section is a misdemeanor punishable by a fine of not more than $100. |
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(f) A retail establishment is not required to make any |
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physical changes to an employee toilet facility under this section. |
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SECTION 3. This Act takes effect September 1, 2007. |