The caption talks only about CPR certification requirements, but the bill's only binding change is a lawsuit shield for food service businesses. The certification part is just a 'may require' option, so the caption promises a requirement the text never creates.
Caption: certification requirements. Bill: certification optional, and restaurants “not liable” for botched or skipped CPR!
The bill lets restaurants with dine-in seating choose to require customer-facing workers to hold a CPR certification, at the worker's own cost. It also shields food service businesses, their owners, employees and agents from civil lawsuits over using, trying to use, or failing to use CPR, unless the conduct was intentional or willfully or wantonly negligent. The state requires nothing new of any restaurant, but diners and their families lose most ability to sue over CPR that went wrong or was never tried, even when no one on staff was trained.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 1080 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 1080 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Jan 24, 2025 and referred to the House Public Health committee. No public hearing. The bill died.
relating to cardiopulmonary resuscitation certification
requirements for certain food service establishment employees.
WHAT IT DOES
Caption: certification requirements. Bill: certification optional, and restaurants “not liable” for botched or skipped CPR!
The bill lets restaurants with dine-in seating choose to require customer-facing workers to hold a CPR certification, at the worker's own cost. It also shields food service businesses, their owners, employees and agents from civil lawsuits over using, trying to use, or failing to use CPR, unless the conduct was intentional or willfully or wantonly negligent. The state requires nothing new of any restaurant, but diners and their families lose most ability to sue over CPR that went wrong or was never tried, even when no one on staff was trained.
The caption talks only about CPR certification requirements, but the bill's only binding change is a lawsuit shield for food service businesses. The certification part is just a 'may require' option, so the caption promises a requirement the text never creates.
Data snapshot Nov 1, 2026 at 6:19 PM CST. Grades, charges, quotes and corrections follow the published record.
House committee · Public Health · Final status: Died in committee
Subjects
Health--General
Safety
CARDIOPULMONARY RESUSCITATION
FOOD
RESTAURANTS
Text
The text as introduced · 288 words
89R4334 SRA-D
By: Martinez
H.B. No. 2093
A BILL TO BE ENTITLED
AN ACT
relating to cardiopulmonary resuscitation certification
requirements for certain food service establishment employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 438, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. CARDIOPULMONARY RESUSCITATION CERTIFICATION FOR
CERTAIN FOOD SERVICE EMPLOYEES
Sec. 438.051. DEFINITION. In this subchapter, "food
service establishment" has the meaning assigned by Section 437.001.
Sec. 438.052. APPLICABILITY. This subchapter applies only
to a food service establishment with a space designed for food
consumption on the premises of the establishment.
Sec. 438.053. CARDIOPULMONARY RESUSCITATION CERTIFICATION.
A food service establishment may require each establishment
employee whose position requires regular interaction with
customers consuming food on the establishment's premises to hold a
certification in cardiopulmonary resuscitation issued by the
American Heart Association, the American Red Cross, or a similar
nationally recognized association. The establishment is not
required to reimburse an employee for the cost of obtaining the
certification.
Sec. 438.054. CIVIL LIABILITY. (a) A food service
establishment or an owner, employee, or agent of a food service
establishment is not liable for civil damages resulting from the
use of, attempted use of, or failure to use cardiopulmonary
resuscitation unless the use of, attempted use of, or failure to use
cardiopulmonary resuscitation is intentional or wilfully or
wantonly negligent.
(b) The immunity provided by this section is in addition to
any other immunity provided by law.
(c) Whether a person described by Subsection (a) holds a
certification in or has received training in cardiopulmonary
resuscitation does not affect the person's immunity from liability
under this section.
SECTION 2. This Act takes effect September 1, 2025.