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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a requirement that a public school student |
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receive a coronavirus disease (COVID-19) vaccine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001(b), Education Code, as amended by |
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Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read as follows: |
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(b) Subject to Subsections (b-1), (b-2), and (c), the |
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executive commissioner of the Health and Human Services Commission |
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may modify or delete any of the immunizations in Subsection (a) or |
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may require immunizations against additional diseases as a |
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requirement for admission to any elementary or secondary school. |
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SECTION 2. Section 38.001, Education Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) A student may not be required, as a condition of the |
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student's admission to or continued enrollment in any elementary or |
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secondary school, to receive a vaccine for the coronavirus disease |
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(COVID-19). An elementary or secondary school is not liable for a |
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claim arising from exposure to COVID-19 on the basis that the school |
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failed to require a student to receive a COVID-19 vaccine. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |