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.