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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for and the transparency of |
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epidemiological reports and certain immunization exemption |
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information and reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.047, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.047. EPIDEMIOLOGICAL REPORTS. (a) Subject to the |
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confidentiality requirements of this chapter, the department shall |
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require epidemiological reports of disease outbreaks and of |
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individual cases of disease suspected or known to be of importance |
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to the public health, including vaccine preventable diseases. The |
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department shall evaluate the reports to determine the trends |
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involved and the nature and magnitude of the hazards. |
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(b) The department shall prepare and submit to the |
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legislature and the governor not later than December 1 of each |
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even-numbered year a biennial report that contains: |
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(1) a report of outbreaks of vaccine preventable |
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diseases in this state; and |
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(2) de-identified immunization exemption information, |
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including the number of persons claiming an exemption from the |
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immunization requirements of Section 161.004 of this code, Sections |
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38.001, 51.9192, and 51.933, Education Code, and Section 42.043, |
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Human Resources Code. |
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SECTION 2. Section 38.002, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (d), (e), |
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(f), and (g) to read as follows: |
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(a) Each public school shall keep an individual |
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immunization record during the period of attendance for each |
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student admitted. The records shall be open for inspection at all |
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reasonable times by the Texas Education Agency or by |
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representatives of local health departments or the [Texas] |
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Department of State Health Services. |
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(c) The Texas Education Agency and the [Texas] Department of |
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State Health Services shall develop the form for a required annual |
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report of the immunization status of students that includes |
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de-identified immunization exemption information. The report |
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shall be submitted by all schools at the time and in the manner |
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indicated in the instructions printed on the form. |
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(d) Each school district shall provide to the Department of |
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State Health Services the information required by Subsection (c) |
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for the district and for each school campus in the district. |
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(e) The Department of State Health Services shall make |
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available to the public in electronic form, on the department's |
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Internet website, the required annual report submitted under |
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Subsection (c) on the immunization status of students for each |
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school district and each school campus. |
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(f) On request of a student's parent or legal guardian, a |
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school district or school campus shall provide to the parent or |
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guardian a copy of the following information for the campus at which |
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the student is enrolled: |
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(1) the immunization rate disaggregated by type of |
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vaccine; and |
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(2) the information submitted under Subsection (c), |
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including: |
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(A) de-identified immunization exemption |
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information; |
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(B) the number of students provisionally |
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enrolled pending documentation of immunization; |
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(C) the number of students claiming an exemption |
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for reasons of conscience, including a religious belief; |
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(D) the number of students claiming an exemption |
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for a medical reason; and |
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(E) the number of students whose vaccinations are |
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not current. |
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(g) The commissioner and the executive commissioner of the |
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Health and Human Services Commission shall adopt rules as necessary |
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to ensure that a report of the immunization status of students made |
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available under Subsections (e) and (f) complies with federal law |
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regarding confidentiality of student medical or educational |
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information, including the Health Insurance Portability and |
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Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Education Agency shall update the form |
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required by Section 38.002(c), Education Code, as amended by this |
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Act, to comply with that subsection. |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. 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 September 1, 2021. |