By:  Zaffirini, et al.                                 S.B. No. 266
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to mandatory immunizations and to the provision of those
    1-2  immunizations.
    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 Sections 161.004 and 161.005 to read as
   1-21  follows:
   1-22        Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.
   1-23  (a)  Every child in the state shall be immunized against vaccine
   1-24  preventable diseases in accordance with the immunization schedule
    2-1  adopted by the board.
    2-2        (b)  Hospitals shall be responsible for:
    2-3              (1)  referring newborns for immunization at the time
    2-4  the newborn screening test is performed;
    2-5              (2)  reviewing the immunization history of every child
    2-6  admitted to the hospital or examined in the hospital's emergency
    2-7  room or outpatient clinic; and
    2-8              (3)  administering needed vaccinations or referring the
    2-9  child for immunization.
   2-10        (c)  Physicians shall be responsible for reviewing the
   2-11  immunization history of every child examined and administering any
   2-12  needed vaccinations or referring the child for 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 licensed in the
   2-20  United States.
   2-21        (e)  For purposes of this section, "child" means a person
   2-22  under 18 years of age.
   2-23        (f)  The board shall adopt rules that are necessary to
   2-24  administer this section.
   2-25        Sec. 161.005.  IMMUNIZATIONS REQUIRED.  (a)  On admission of
   2-26  a child to a facility of the Texas Department of Mental Health and
   2-27  Mental Retardation, or the Texas Youth Commission, the facility
    3-1  physician shall review the immunization history of the child and
    3-2  administer any needed vaccinations or refer the child for
    3-3  immunization.
    3-4        (b)  The Texas Department of Health and the Texas Board of
    3-5  Health have the same powers and duties under this section as those
    3-6  entities have under Section 2.09, Education Code.  In addition, the
    3-7  provisions of that section relating to provisional admissions and
    3-8  exceptions apply to this section.
    3-9        (c)  A facility covered by this section shall keep an
   3-10  individual immunization record during the individual's period of
   3-11  admission, detention, or commitment in the facility, and the
   3-12  records shall be open for inspection at all reasonable times by a
   3-13  representative of the local health department or the Texas
   3-14  Department of Health.
   3-15        (d)  This section does not affect the requirements of Section
   3-16  2.09, Education Code, or Section 42.043, Human Resources Code.
   3-17        SECTION 3.  Section 12.033, Health and Safety Code, is
   3-18  amended to read as follows:
   3-19        Sec. 12.033.  <FEES FOR> DISTRIBUTION AND ADMINISTRATION OF
   3-20  CERTAIN VACCINES AND SERA.  (a)  Except as otherwise provided by
   3-21  this section, the <The> board by rule shall charge fees for the
   3-22  distribution and administration of vaccines and sera provided
   3-23  under:
   3-24              (1)  Section 2.09, Education Code;
   3-25              (2)  Section 42.043, Human Resources Code;
   3-26              (3)  Chapter 826 (Rabies Control Act of 1981); <and>
   3-27              (4)  Chapter 81 (Communicable Disease Prevention and
    4-1  Control Act); and
    4-2              (5)  Section 161.005, Health and Safety Code.
    4-3        (b)  Except as otherwise provided by this section, the <The>
    4-4  board by rule may require a department contractor to charge fees
    4-5  for public health services provided by a contractor participating
    4-6  in a department program under the laws specified by Subsection (a).
    4-7        (c)  The board by rule shall establish a fee schedule for
    4-8  fees under this section.  In establishing the fee schedule, the
    4-9  board shall consider a person's financial ability to pay the entire
   4-10  amount of the fee <shall set the fees in amounts reasonable and
   4-11  necessary to defray the cost to the state of distributing and
   4-12  administering the vaccines and sera>.
   4-13        (d)  The commissioner may waive the fee requirement for any
   4-14  type of vaccine or serum if the commissioner determines that:
   4-15              (1)  a public health emergency exists; and
   4-16              (2)  the vaccine or serum is needed to meet the
   4-17  emergency.
   4-18        (e)  The department may not deny an immunization to an
   4-19  individual required to be immunized under a law specified by
   4-20  Subsection (a) because of the individual's inability to pay for the
   4-21  immunization.  The department shall provide the immunization at a
   4-22  reduced charge or no charge according to the financial ability of
   4-23  the individual or a person with a legal obligation to support the
   4-24  individual to pay for the immunization.
   4-25        SECTION 4.  (a)  The Texas Department of Health shall study
   4-26  new and innovative ways to reach the goal of 100 percent
   4-27  immunization of children under the age of 18 at the earliest
    5-1  possible date and in the most cost-effective manner, including
    5-2  seeking discretionary funding from the United States Department of
    5-3  Health and Human Services or from foundations for an emergency
    5-4  immunization demonstration program that would target five counties
    5-5  in Texas with the lowest immunization rates and create model
    5-6  programs for those counties, seeking discretionary funding from the
    5-7  United States Department of Health and Human Services or from
    5-8  foundations to develop models for building public awareness
    5-9  concerning the importance of preschool immunization among high-risk
   5-10  populations, contracting with the United States Armed Forces, the
   5-11  public medical schools, health science centers, and other state
   5-12  agencies, and instituting programs on a statewide or local level or
   5-13  through mobile outreach clinics utilizing volunteer health care
   5-14  providers.
   5-15        (b)  The Texas Department of Health shall also study the
   5-16  development and implementation of a statewide immunization
   5-17  registry.
   5-18        (c)  The Texas Department of Health shall use existing staff
   5-19  and resources to conduct studies under this section and shall
   5-20  report its findings and recommendations to the governor and to the
   5-21  presiding officer of each house of the legislature not later than
   5-22  June 1, 1994.
   5-23        SECTION 5.  This Act takes effect September 1, 1993.
   5-24        SECTION 6.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
   5-26  emergency and an imperative public necessity that the
   5-27  constitutional rule requiring bills to be read on three several
    6-1  days in each house be suspended, and this rule is hereby suspended.