By McDonald, et al.                                    H.B. No. 916
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to infant and child immunization requirements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 161.001, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 161.001.  LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS
    1-7  IMMUNIZATION.  (a)  A person who administers or authorizes the
    1-8  administration of a vaccine or immunizing agent is not liable for
    1-9  an injury caused by the vaccine or immunizing agent if the
   1-10  immunization is required by the board or is otherwise required by
   1-11  law or rule.
   1-12        (b)  A person who administers or authorizes the
   1-13  administration of a vaccine or immunization agent is not liable or
   1-14  responsible because of the failure or refusal of a parent, managing
   1-15  conservator, or guardian to consent to the vaccination or
   1-16  immunization required under this chapter.
   1-17        (c)  This section does not apply to a negligent act in
   1-18  administering the vaccine or immunizing agent.
   1-19        SECTION 2.  Subchapter A, Chapter 161, Health and Safety
   1-20  Code, is amended by adding Section 161.004 to read as follows:
   1-21        Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.
   1-22  (a)  Every child in the state shall be immunized in accordance with
   1-23  the immunization schedule adopted by the board.
    2-1        (b)  Hospitals shall be responsible for:
    2-2              (1)  referring newborns for appointments for
    2-3  immunizations at the time the newborn screening test is performed;
    2-4              (2)  reviewing the immunization history of every child
    2-5  admitted to the hospital or examined in the hospital's emergency
    2-6  room or outpatient clinic; and
    2-7              (3)  administering needed vaccinations or referring the
    2-8  child to an immunization clinic for needed vaccinations.
    2-9        (c)  Physicians shall be responsible for reviewing the
   2-10  immunization history of every child examined and administering any
   2-11  needed vaccinations or referring the child to an immunization
   2-12  clinic.
   2-13        (d)  A child is exempt from an immunization required by this
   2-14  section if:
   2-15              (1)  immunization conflicts with the tenets of an
   2-16  organized religion to which a parent, managing conservator, or
   2-17  guardian belongs; or
   2-18              (2)  the immunization is medically contraindicated
   2-19  based on an examination of the child by a physician in this state.
   2-20        (e)  For purposes of this section, "child" means a person
   2-21  under 18 years of age.
   2-22        SECTION 3.  Subchapter A, Chapter 161, Health and Safety
   2-23  Code, is amended by adding Section 161.005 to read as follows:
   2-24        Sec. 161.005.  DEPARTMENT IMMUNIZATION SERVICE.  The
   2-25  department is authorized to pay regular compensatory time to its
    3-1  exempt employees for overtime worked in the provision of
    3-2  immunization services.
    3-3        SECTION 4.  Article 3.51-6, Insurance Code, is amended by
    3-4  adding Section 3F to read as follows:
    3-5        Sec. 3F.  COVERAGE FOR CHILDHOOD IMMUNIZATION.  (a)  In this
    3-6  section, "health insurance policy" means a group policy or
    3-7  contract, including a group contract issued by a company subject to
    3-8  Chapter 20 of this code that provides coverage for hospital,
    3-9  surgical, or medical expenses incurred as a result of accident or
   3-10  sickness.
   3-11        (b)  Each health insurance policy delivered, issued for
   3-12  delivery, renewed, amended, or extended in this state shall include
   3-13  coverage for immunizations required under Section 161.004, Health
   3-14  and Safety Code, exclusive of the policy deductible and covered at
   3-15  100 percent.
   3-16        SECTION 5.  Section 15.003, Agriculture Code, is amended to
   3-17  read as follows:
   3-18        Sec. 15.003.  ELIGIBILITY; AMOUNT OF ALLOTMENT.  (a)  Except
   3-19  as provided under Subsection (b) of this section, a  <A> person is
   3-20  eligible to participate in the special nutrition program if the
   3-21  person is enrolled in the W.I.C. program and resides in an area in
   3-22  which the special nutrition program is implemented.  The Texas
   3-23  Department of Health shall determine the eligibility of potential
   3-24  participants.
   3-25        (b)  No person shall be eligible to participate in the
    4-1  special nutrition program unless the person can provide proof that
    4-2  all of the person's dependent children have been immunized or are
    4-3  currently receiving an immunization series in accordance with the
    4-4  immunization schedule adopted by the Texas Board of Health as
    4-5  provided by Section 161.004, Health and Safety Code.
    4-6        (c)  Only the Texas Department of Health may determine the
    4-7  dollar amount of each participant's monthly allotment of food
    4-8  coupons.
    4-9        SECTION 6.  Subchapter A, Chapter 31, Human Resources Code,
   4-10  is amended by adding Section 31.013 to read as follows:
   4-11        Sec. 31.013.  IMMUNIZATION REQUIREMENT.  No person may
   4-12  receive assistance from the aid to families with dependent children
   4-13  program under this chapter unless the person can provide proof that
   4-14  all of the person's dependent children have been immunized or are
   4-15  currently receiving an immunization series in accordance with the
   4-16  immunization schedule adopted by the Texas Board of Health as
   4-17  provided by Section 161.004, Health and Safety Code.
   4-18        SECTION 7.  (a)  Except as provided by Subsection (b) of this
   4-19  section, this Act takes effect September 1, 1993.
   4-20        (b)  Sections 5 and 6 of this Act shall not be effective in
   4-21  the event that implementation would violate any federal laws or
   4-22  regulations or result in the loss of federal funds to the State of
   4-23  Texas.  The Health and Human Services Commission, the Texas
   4-24  Department of Health, and the Texas Department of Human Services
   4-25  shall, however, take all actions necessary or appropriate to carry
    5-1  out the policy of this Act in such a manner as to be permissible
    5-2  under federal law and federal regulations.
    5-3        SECTION 8.  The importance of this legislation and the
    5-4  crowded condition of the calendars in both houses create an
    5-5  emergency and an imperative public necessity that the
    5-6  constitutional rule requiring bills to be read on three several
    5-7  days in each house be suspended, and this rule is hereby suspended.