By:  Moncrief                                          S.B. No. 364
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to infant and child immunization requirements.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 161.001, Health and Safety Code, is
    1-4  amended to read as follows:
    1-5        Sec. 161.001.  LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS
    1-6  IMMUNIZATION.  (a)  A person who administers or authorizes the
    1-7  administration of a vaccine or immunizing agent is not liable for
    1-8  an injury caused by the vaccine or immunizing agent if the
    1-9  immunization is required by the board or is otherwise required by
   1-10  law or rule.
   1-11        (b)  A person who administers or authorizes the
   1-12  administration of a vaccine or immunization agent is not liable or
   1-13  responsible because of the failure or refusal of a parent, managing
   1-14  conservator, or guardian to consent to the vaccination or
   1-15  immunization required under this chapter.
   1-16        (c)  This section does not apply to a negligent act in
   1-17  administering the vaccine or immunizing agent.
   1-18        SECTION 2.  Subchapter A, Chapter 161, Health and Safety
   1-19  Code, is amended by adding Section 161.004 to read as follows:
   1-20        Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.
   1-21  (a)  Every child in the state shall be immunized in accordance with
   1-22  the immunization schedule adopted by the board.
   1-23        (b)  Hospitals shall be responsible for:
    2-1              (1)  referring newborns for appointments for
    2-2  immunizations at the time the newborn screening test is performed;
    2-3              (2)  reviewing the immunization history of every child
    2-4  admitted to the hospital or examined in the hospital's emergency
    2-5  room or outpatient clinic; and
    2-6              (3)  administering needed vaccinations or referring the
    2-7  child to an immunization clinic for needed vaccinations.
    2-8        (c)  Physicians shall be responsible for reviewing the
    2-9  immunization history of every child examined and administering any
   2-10  needed vaccinations or referring the child to an immunization
   2-11  clinic.
   2-12        (d)  A child is exempt from an immunization required by this
   2-13  section if:
   2-14              (1)  immunization conflicts with the tenets of an
   2-15  organized religion to which a parent, managing conservator, or
   2-16  guardian belongs; or
   2-17              (2)  the immunization is medically contraindicated
   2-18  based on an examination of the child by a physician in this state.
   2-19        (e)  For purposes of this section, "child" means a person
   2-20  under 18 years of age.
   2-21        SECTION 3.  Subchapter A, Chapter 161, Health and Safety
   2-22  Code, is amended by adding Section 161.005 to read as follows:
   2-23        Sec. 161.005.  DEPARTMENT IMMUNIZATION SERVICE.  The
   2-24  department is authorized to pay regular compensatory time to its
   2-25  exempt employees for overtime worked in the provision of
    3-1  immunization services.
    3-2        SECTION 4.  Article 3.51-6, Insurance Code, is amended by
    3-3  adding Section 3F to read as follows:
    3-4        Sec. 3F.  COVERAGE FOR CHILDHOOD IMMUNIZATION.  (a)  In this
    3-5  section, "health insurance policy" means a group policy or
    3-6  contract, including a group contract issued by a company subject to
    3-7  Chapter 20 of this code that provides coverage for hospital,
    3-8  surgical, or medical expenses incurred as a result of accident or
    3-9  sickness.
   3-10        (b)  Each health insurance policy delivered, issued for
   3-11  delivery, renewed, amended, or extended in this state shall include
   3-12  coverage for immunizations required under Section 161.004, Health
   3-13  and Safety Code, exclusive of the policy deductible and covered at
   3-14  100 percent.
   3-15        SECTION 5.  Section 15.003, Agriculture Code, is amended to
   3-16  read as follows:
   3-17        Sec. 15.003.  ELIGIBILITY; AMOUNT OF ALLOTMENT.  (a)  Except
   3-18  as provided under Subsection (b) of this section, a  <A> person is
   3-19  eligible to participate in the special nutrition program if the
   3-20  person is enrolled in the W.I.C. program and resides in an area in
   3-21  which the special nutrition program is implemented.  The Texas
   3-22  Department of Health shall determine the eligibility of potential
   3-23  participants.
   3-24        (b)  No person shall be eligible to participate in the
   3-25  special nutrition program unless the person can provide proof that
    4-1  all of the person's dependent children have been immunized or are
    4-2  currently receiving an immunization series in accordance with the
    4-3  immunization schedule adopted by the Texas Board of Health as
    4-4  provided by Section 161.004, Health and Safety Code.
    4-5        (c)  Only the Texas Department of Health may determine the
    4-6  dollar amount of each participant's monthly allotment of food
    4-7  coupons.
    4-8        SECTION 6.  Subchapter A, Chapter 31, Human Resources Code,
    4-9  is amended by adding Section 31.013 to read as follows:
   4-10        Sec. 31.013.  IMMUNIZATION REQUIREMENT.  No person may
   4-11  receive assistance from the aid to families with dependent children
   4-12  program under this chapter unless the person can provide proof that
   4-13  all of the person's dependent children have been immunized or are
   4-14  currently receiving an immunization series in accordance with the
   4-15  immunization schedule adopted by the Texas Board of Health as
   4-16  provided by Section 161.004, Health and Safety Code.
   4-17        SECTION 7.  (a)  Except as provided by Subsection (b) of this
   4-18  section, this Act takes effect September 1, 1993.
   4-19        (b)  Sections 5 and 6 of this Act shall not be effective in
   4-20  the event that implementation would violate any federal laws or
   4-21  regulations or result in the loss of federal funds to the State of
   4-22  Texas.  The Health and Human Services Commission, the Texas
   4-23  Department of Health, and the Texas Department of Human Services
   4-24  shall, however, take all actions necessary or appropriate to carry
   4-25  out the policy of this Act in such a manner as to be permissible
    5-1  under federal law and federal regulations.
    5-2        SECTION 8.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended.