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A BILL TO BE ENTITLED
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AN ACT
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relating to required immunizations for children and primary or |
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secondary school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 81.023(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The executive commissioner may recommend to the |
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legislature immunizations to include on the list of immunizations |
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required [department shall develop immunization requirements] for |
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children under Section 161.004. |
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(c) The department shall cooperate with the State Board of |
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Education in [formulating and] implementing immunization |
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requirements for students admitted to public or private primary or |
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secondary schools. |
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SECTION 2. Section 161.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Every child in the state shall be immunized against |
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diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus |
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[vaccine preventable diseases caused by infectious agents] in |
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accordance with the [immunization] schedule prescribed [adopted] |
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in department rules. The executive commissioner may not require |
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immunizations against any additional diseases for students |
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admitted to a public or private primary or secondary school. |
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SECTION 3. Sections 38.001(a) and (b-1), Education Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (c), each [Each] |
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student shall be fully immunized against the diseases listed in |
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Section 161.004, Health and Safety Code [diphtheria, rubeola, |
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rubella, mumps, tetanus, and poliomyelitis, except as provided by |
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Subsection (c)]. |
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(b-1) Each year, the Department of State Health Services |
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shall prepare a list of the immunizations required under Section |
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161.004, Health and Safety Code, [this section] for admission to |
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public schools [and of any additional immunizations the department |
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recommends for school-age children]. The department shall prepare |
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the list in English and Spanish and make the list available in a |
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manner that permits a school district to easily post the list on the |
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district's Internet website as required by Section 38.019. |
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SECTION 4. Section 38.019(a), Education Code, is amended to |
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read as follows: |
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(a) A school district that maintains an Internet website |
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shall post prominently on the website: |
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(1) a list, in English and Spanish, of: |
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(A) the immunizations required for admission to |
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public school in accordance with [by rules of the Department of |
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State Health Services adopted under] Section 38.001; and |
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(B) [any immunizations or vaccines recommended |
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for public school students by the Department of State Health |
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Services; and |
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[(C)] health clinics in the district that offer |
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the influenza vaccine, to the extent those clinics are known to the |
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district; and |
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(2) a link to the page on the Department of State |
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Health Services Internet website that provides [where a person may |
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obtain] information relating to the procedures for claiming an |
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exemption from the immunization requirements of Section 38.001. |
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SECTION 5. Section 42.043(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The department shall require that each child at an |
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appropriate age have a test for tuberculosis and be immunized |
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against the diseases listed in Section 161.004, Health and Safety |
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Code [diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, |
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invasive pneumococcal disease, and hepatitis A and against any |
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other communicable disease as recommended by the Department of |
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State Health Services]. The immunization must be effective on the |
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date of first entry into the facility. However, a child may be |
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provisionally admitted if the required immunizations have begun and |
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are completed as rapidly as medically feasible. |
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SECTION 6. 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 repealed. |
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SECTION 7. The changes in law made by this Act to Chapter |
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38, Education Code, apply starting with the 2025-2026 school year. |
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SECTION 8. 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, 2025. |