80R3157 MCK-D
  By: Strama H.B. No. 416
relating to providing for restroom access for persons with certain
medical conditions; providing a criminal penalty.
       SECTION 1.  This Act may be cited as the Restroom Access Act.
       SECTION 2.  Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.069 to read as follows:
       Sec. 341.069.  ACCESS TO RESTROOM FACILITIES. (a) In this
             (1)  "Customer" means an individual who is lawfully on
the premises of a retail establishment.
             (2)  "Eligible medical condition" means Crohn's
disease, ulcerative colitis, irritable bowel syndrome, or any other
permanent or temporary medical condition that requires immediate
access to a toilet facility.
             (3)  "Physician" has the meaning assigned by Section
151.002, Occupations Code.
             (4)  "Retail establishment" means a place of business
open to the general public for the sale of goods or services.
       (b)  A retail establishment that has a toilet facility for
its employees shall allow a customer to use the toilet facility
during normal business hours if:
             (1)  the retail establishment does not have a public
restroom that is immediately accessible to the customer;
             (2)  the employee toilet facility is not located in an
area where providing access would create an obvious health or
safety risk to the customer or an obvious security risk to the
retail establishment;
             (3)  the customer requesting use of the employee toilet
facility provides the retail establishment with evidence of the
customer's eligible medical condition including:
                   (A)  a copy of a statement signed by a physician on
a prescription form that indicates the customer suffers from an
eligible medical condition or uses an ostomy device; or
                   (B)  an identification card that is issued by a
nationally recognized health organization or a local health
department and that indicates the customer suffers from an eligible
medical condition or uses an ostomy device; and
             (4)  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 toilet facility.
       (c)  An employee of a retail establishment who refuses to
provide a customer with access to an employee toilet facility as
required by this section commits an offense. An offense under this
section is a misdemeanor punishable by a fine of not more than $100.
       (d)  A retail establishment is not required to make any
physical changes to an employee toilet facility under this section.
       SECTION 3.  This Act takes effect September 1, 2007.