73R7136 MLR-F
          By Zaffirini, et al.                                   S.B. No. 266
          Substitute the following for S.B. No. 266:
          By McDonald                                        C.S.S.B. No. 266
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to immunizations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 12.033, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 12.033.  <FEES FOR> DISTRIBUTION AND ADMINISTRATION OF
    1-7  CERTAIN VACCINES AND SERA.  (a)  Except as otherwise provided by
    1-8  this section, the <The> board by rule shall charge fees for the
    1-9  distribution and administration of vaccines and sera provided
   1-10  under:
   1-11              (1)  Section 2.09, Education Code;
   1-12              (2)  Section 42.043, Human Resources Code;
   1-13              (3)  Chapter 826 (Rabies Control Act of 1981); <and>
   1-14              (4)  Chapter 81 (Communicable Disease Prevention and
   1-15  Control Act); and
   1-16              (5)  Section 161.005, Health and Safety Code.
   1-17        (b)  Except as otherwise provided by this section, the <The>
   1-18  board by rule may require a department contractor to charge fees
   1-19  for public health services provided by a contractor participating
   1-20  in a department program under the laws specified by Subsection (a).
   1-21        (c)  The board by rule shall establish a fee schedule for
   1-22  fees under this section.  In establishing the fee schedule, the
   1-23  board shall consider a person's financial ability to pay all or
   1-24  part of the fee, including the availability of health insurance
    2-1  coverage <shall set the fees in amounts reasonable and necessary to
    2-2  defray the cost to the state of distributing and administering the
    2-3  vaccines and sera>.
    2-4        (d)  The commissioner may waive the fee requirement for any
    2-5  type of vaccine or serum if the commissioner determines that:
    2-6              (1)  a public health emergency exists; and
    2-7              (2)  the vaccine or serum is needed to meet the
    2-8  emergency.
    2-9        (e)  The department may not deny an immunization to an
   2-10  individual required to be immunized under a law specified by
   2-11  Subsection (a) because of the individual's inability to pay for the
   2-12  immunization.  The department shall provide the immunization at a
   2-13  reduced charge or no charge according to the financial ability of
   2-14  the individual or a person with a legal obligation to support the
   2-15  individual to pay for the immunization.  The department shall give
   2-16  priority to those persons least able to pay for immunization.
   2-17        SECTION 2.  Section 161.001, Health and Safety Code, is
   2-18  amended to read as follows:
   2-19        Sec. 161.001.  LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS
   2-20  IMMUNIZATION.  (a)  A person who administers or authorizes the
   2-21  administration of a vaccine or immunizing agent is not liable for
   2-22  an injury caused by the vaccine or immunizing agent if the
   2-23  immunization is required by the board or is otherwise required by
   2-24  law or rule.
   2-25        (b)  A person who administers or authorizes the
   2-26  administration of a vaccine or immunization agent is not liable or
   2-27  responsible because of the failure or refusal of a parent, managing
    3-1  conservator, or guardian to consent to the vaccination or
    3-2  immunization required under this chapter.
    3-3        (c)  This section does not apply to a negligent act in
    3-4  administering the vaccine or immunizing agent.
    3-5        SECTION 3.  Subchapter A, Chapter 161, Health and Safety
    3-6  Code, is amended by adding Sections 161.004-161.006 to read as
    3-7  follows:
    3-8        Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.
    3-9  (a)  Every child in the state shall be immunized against vaccine
   3-10  preventable diseases in accordance with the immunization schedule
   3-11  adopted by the board.
   3-12        (b)  Hospitals shall be responsible for:
   3-13              (1)  referring newborns for immunization at the time
   3-14  the newborn screening test is performed;
   3-15              (2)  reviewing the immunization history of every child
   3-16  admitted to the hospital or examined in the hospital's emergency
   3-17  room or outpatient clinic; and
   3-18              (3)  administering needed vaccinations or referring the
   3-19  child for immunization.
   3-20        (c)  Physicians shall be responsible for reviewing the
   3-21  immunization history of every child examined and administering any
   3-22  needed vaccinations or referring the child for immunization.
   3-23        (d)  A child is exempt from an immunization required by this
   3-24  section if:
   3-25              (1)  immunization conflicts with the tenets of an
   3-26  organized religion to which a parent, managing conservator, or
   3-27  guardian belongs; or
    4-1              (2)  the immunization is medically contraindicated
    4-2  based on an examination of the child by a physician licensed in the
    4-3  United States.
    4-4        (e)  For purposes of this section, "child" means a person
    4-5  under 18 years of age.
    4-6        (f)  The board shall adopt rules that are necessary to
    4-7  administer this section.
    4-8        Sec. 161.005.  IMMUNIZATIONS REQUIRED.  (a)  On admission of
    4-9  a child to a facility of the Texas Department of Mental Health and
   4-10  Mental Retardation or the Texas Youth Commission, the facility
   4-11  physician shall review the immunization history of the child and
   4-12  administer any needed vaccinations or refer the child for
   4-13  immunization.
   4-14        (b)  The Texas Department of Health and the Texas Board of
   4-15  Health have the same powers and duties under this section as those
   4-16  entities have under Section 2.09, Education Code.  In addition, the
   4-17  provisions of that section relating to provisional admissions and
   4-18  exceptions apply to this section.
   4-19        (c)  A facility covered by this section shall keep an
   4-20  individual immunization record during the individual's period of
   4-21  admission, detention, or commitment in the facility, and the
   4-22  records shall be open for inspection at all reasonable times by a
   4-23  representative of the local health department or the Texas
   4-24  Department of Health.
   4-25        (d)  This section does not affect the requirements of Section
   4-26  2.09, Education Code, or Section 42.043, Human Resources Code.
   4-27        Sec. 161.006.  DEPARTMENT IMMUNIZATION SERVICE.  The
    5-1  department, to the extent permitted by law, is authorized to pay
    5-2  employees who are exempt or not exempt for purposes of the Fair
    5-3  Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.) on a
    5-4  straight-time basis for work on a holiday or for regular
    5-5  compensatory time hours when the taking of regular compensatory
    5-6  time off would be disruptive to normal business operation.
    5-7        SECTION 4.  Section  15.003, Agriculture Code, is amended to
    5-8  read as follows:
    5-9        Sec. 15.003.  Eligibility; Amount of Allotment.  (a)  A
   5-10  person is eligible to participate in the special nutrition program
   5-11  if the person is enrolled in the W.I.C. program, <and> resides in
   5-12  an area in which the special nutrition program is implemented, and
   5-13  provides any proof required by the Texas Department of Health under
   5-14  Subsection (b).  The Texas Department of Health shall determine the
   5-15  eligibility of potential participants.
   5-16        (b)  The Texas Department of Health by rule shall require
   5-17  that a person who has a dependent child and who applies to
   5-18  participate in the special nutrition program provide proof to the
   5-19  department that each dependent child living with the person:
   5-20              (1)  has been immunized;
   5-21              (2)  is currently receiving an immunization series in
   5-22  accordance with Section 161.004, Health and Safety Code, if the
   5-23  child is of sufficient age; or
   5-24              (3)  is exempted under Section 161.004(d), Health and
   5-25  Safety Code.
   5-26        (c)  Only the Texas Department of Health may determine the
   5-27  dollar amount of each participant's monthly allotment of food
    6-1  coupons.
    6-2        SECTION 5.  Subchapter A, Chapter 31, Human Resources Code,
    6-3  is amended by adding Section 31.013 to read as follows:
    6-4        Sec. 31.013.  IMMUNIZATION REQUIREMENT.  The department by
    6-5  rule shall require a person receiving financial assistance and
    6-6  services on behalf of a dependent child to provide proof to the
    6-7  department that each dependent child for whom the person is
    6-8  receiving assistance:
    6-9              (1)  has been immunized;
   6-10              (2)  is currently receiving an immunization series in
   6-11  accordance with Section 161.004, Health and Safety Code, if the
   6-12  child is of sufficient age; or
   6-13              (3)  is exempted under Section 161.004(d), Health and
   6-14  Safety Code.
   6-15        SECTION 6.  (a)  If before implementing Section 15.003(b),
   6-16  Agriculture Code, as amended by this Act, the Texas Department of
   6-17  Health determines that a waiver or authorization from a federal
   6-18  agency is necessary for implementation, the department shall
   6-19  request the waiver or authorization and may delay implementing
   6-20  those provisions until the waiver or authorization is granted.
   6-21        (b)  If before implementing Section 31.013, Human Resources
   6-22  Code, as added by this Act, the Texas Department of Human Services
   6-23  determines that a waiver or authorization from a federal agency is
   6-24  necessary for implementation, the department shall request the
   6-25  waiver or authorization and may delay implementing those provisions
   6-26  until the waiver or authorization is granted.
   6-27        SECTION 7.  (a)  Except as provided by Subsection (b) of this
    7-1  section, this Act takes effect September 1, 1993, and applies only
    7-2  to a person who applies for participation in the special nutrition
    7-3  program or who applies for assistance under Chapter 31, Human
    7-4  Resources Code, on or after that date.
    7-5        (b)  A person who is participating in the special nutrition
    7-6  program or who is receiving assistance under Chapter 31, Human
    7-7  Resources Code, on the effective date of this Act is not required
    7-8  to provide proof under Section 15.003(b), Agriculture Code, as
    7-9  amended by this Act, or Section 31.013, Human Resources Code, as
   7-10  added by this Act, before January 1, 1994.
   7-11        SECTION 8.  The importance of this legislation and the
   7-12  crowded condition of the calendars in both houses create an
   7-13  emergency and an imperative public necessity that the
   7-14  constitutional rule requiring bills to be read on three several
   7-15  days in each house be suspended, and this rule is hereby suspended.