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
2-13 (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
3-11 (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
3-25 (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
4-9 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.