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A BILL TO BE ENTITLED
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AN ACT
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relating to cardiopulmonary resuscitation certification |
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requirements for certain food service establishment employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 438, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. CARDIOPULMONARY RESUSCITATION CERTIFICATION FOR |
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CERTAIN FOOD SERVICE EMPLOYEES |
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Sec. 438.051. DEFINITION. In this subchapter, "food |
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service establishment" has the meaning assigned by Section 437.001. |
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Sec. 438.052. APPLICABILITY. This subchapter applies only |
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to a food service establishment with a space designed for food |
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consumption on the premises of the establishment. |
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Sec. 438.053. CARDIOPULMONARY RESUSCITATION CERTIFICATION. |
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A food service establishment may require each establishment |
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employee whose position requires regular interaction with |
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customers consuming food on the establishment's premises to hold a |
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certification in cardiopulmonary resuscitation issued by the |
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American Heart Association, the American Red Cross, or a similar |
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nationally recognized association. The establishment is not |
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required to reimburse an employee for the cost of obtaining the |
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certification. |
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Sec. 438.054. CIVIL LIABILITY. (a) A food service |
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establishment or an owner, employee, or agent of a food service |
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establishment is not liable for civil damages resulting from the |
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use of, attempted use of, or failure to use cardiopulmonary |
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resuscitation unless the use of, attempted use of, or failure to use |
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cardiopulmonary resuscitation is intentional or wilfully or |
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wantonly negligent. |
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(b) The immunity provided by this section is in addition to |
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any other immunity provided by law. |
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(c) Whether a person described by Subsection (a) holds a |
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certification in or has received training in cardiopulmonary |
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resuscitation does not affect the person's immunity from liability |
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under this section. |
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SECTION 2. This Act takes effect September 1, 2025. |