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A BILL TO BE ENTITLED
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AN ACT
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relating to food handlers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.0057 to read as follows: |
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Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES, |
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PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a |
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public health district, or the department may require certification |
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under Subchapter D, Chapter 438, for each food handler who is |
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employed by a food service establishment in which food is prepared |
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on-site for sale to the public and which holds a permit issued by |
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the county, the public health district, or the department. This |
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section applies without regard to whether the food service |
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establishment is at a fixed location or is a mobile food unit. |
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(b) The requirements of certification under this section |
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may not be more stringent than the requirements of Subchapter D, |
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Chapter 438. |
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(c) A county, a public health district, or the department |
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may not require an establishment that handles only prepackaged food |
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and does not prepare or package food to employ certified food |
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handlers under this section. |
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(d) A county, a public health district, or the department |
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may exempt a food service establishment from the requirement that |
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the county, public health district, or department has imposed under |
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Subsection (a) if the county, the public health district, or the |
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department determines that the application of Subsection (a) to |
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that establishment is not necessary to protect public health and |
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safety. |
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SECTION 2. Section 438.032(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person, firm, corporation, or organization operating |
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or managing a public eating place or vehicle or other place where |
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food is manufactured, processed, prepared, dispensed, or handled in |
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a manner or under circumstances that would permit the probable |
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transmission of disease from a handler to a consumer: |
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(1) may not employ a person described in Subsection |
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(a) to handle the food, utensils, dishes, or serving implements; |
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and |
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(2) shall post a sign in a place conspicuous to |
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employees, in a form adopted by the executive commissioner of the |
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Health and Human Services Commission, describing a food service |
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employee's responsibilities to report certain health conditions to |
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the permit holder under rules adopted by the executive |
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commissioner. |
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SECTION 3. Section 438.034, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food |
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or unsealed food containers shall: |
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(1) maintain personal cleanliness; |
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(2) wear clean outer garments; |
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(3) keep the person's hands clean; [and] |
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(4) [either:
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[(A)] wash the person's hands and exposed |
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portions of the person's arms with soap and water: |
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(A) before starting work; |
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(B) [,] during work as often as necessary to |
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avoid cross-contaminating food; and |
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(C) to maintain cleanliness, after smoking, |
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eating, and each visit to the toilet; and [or] |
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(5) [(B)] avoid bare-hand contact with exposed food by |
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the use of gloves or utensils [and wash hands after smoking, eating,
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and each visit to the toilet]. |
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SECTION 4. (a) Not later than December 1, 2009, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the form of the sign required under Section 438.032, |
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Health and Safety Code, as amended by this Act. |
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(b) A person, firm, corporation, or other organization is |
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not required to post the sign required by Section 438.032, Health |
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and Safety Code, as amended by this Act, before January 1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |