By: Zaffirini S.B. No. 266
73R3723 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory immunizations and to the provision of those
1-3 immunizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 161, Health and Safety
1-6 Code, is amended by adding Section 161.004 to read as follows:
1-7 Sec. 161.004. IMMUNIZATIONS REQUIRED. (a) An individual
1-8 younger than 18 years of age who has not been fully immunized
1-9 against diphtheria, rubeola, rubella, mumps, tetanus, and
1-10 poliomyelitis, and against any other disease as required by the
1-11 board, may not be:
1-12 (1) admitted or committed to a facility under the
1-13 jurisdiction of the Texas Department of Mental Health and Mental
1-14 Retardation;
1-15 (2) detained in a juvenile detention facility;
1-16 (3) committed to the Texas Youth Commission; or
1-17 (4) admitted to a private elementary or secondary
1-18 school.
1-19 (b) The Texas Department of Health and the Texas Board of
1-20 Health have the same powers and duties under this section as those
1-21 entities have under Section 2.09, Education Code. In addition, the
1-22 provisions of that section relating to provisional admissions and
1-23 exceptions apply to this section.
1-24 (c) A facility covered by this section shall keep an
2-1 individual immunization record during the individual's period of
2-2 admission, detention, or commitment in the facility, and the
2-3 records shall be open for inspection at all reasonable times by a
2-4 representative of the local health department or the Texas
2-5 Department of Health.
2-6 (d) This section does not affect the requirements of Section
2-7 2.09, Education Code, or Section 42.043, Human Resources Code.
2-8 SECTION 2. Section 12.033, Health and Safety Code, is
2-9 amended to read as follows:
2-10 Sec. 12.033. <FEES FOR> DISTRIBUTION AND ADMINISTRATION OF
2-11 CERTAIN VACCINES AND SERA. (a) Except as otherwise provided by
2-12 this section, the <The> board by rule shall charge fees for the
2-13 distribution and administration of vaccines and sera provided
2-14 under:
2-15 (1) Section 2.09, Education Code;
2-16 (2) Section 42.043, Human Resources Code;
2-17 (3) Chapter 826 (Rabies Control Act of 1981); <and>
2-18 (4) Chapter 81 (Communicable Disease Prevention and
2-19 Control Act); and
2-20 (5) Section 161.004, Health and Safety Code.
2-21 (b) Except as otherwise provided by this section, the <The>
2-22 board by rule may require a department contractor to charge fees
2-23 for public health services provided by a contractor participating
2-24 in a department program under the laws specified by Subsection (a).
2-25 (c) The board by rule shall establish a fee schedule for
2-26 fees under this section. In establishing the fee schedule, the
2-27 board shall consider a person's financial ability to pay the entire
3-1 amount of the fee <shall set the fees in amounts reasonable and
3-2 necessary to defray the cost to the state of distributing and
3-3 administering the vaccines and sera>.
3-4 (d) The commissioner may waive the fee requirement for any
3-5 type of vaccine or serum if the commissioner determines that:
3-6 (1) a public health emergency exists; and
3-7 (2) the vaccine or serum is needed to meet the
3-8 emergency.
3-9 (e) The department may not deny an immunization to an
3-10 individual required to be immunized under a law specified by
3-11 Subsection (a) because of the individual's inability to pay for the
3-12 immunization. The department shall provide the immunization at a
3-13 reduced charge or no charge, according to the financial ability of
3-14 the individual, or a person with a legal obligation to support the
3-15 individual, to pay for the immunization.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.