BILL ANALYSIS



C.S.H.B. 2209
By: Berlanga
04-10-95
Committee Report (Substituted)


BACKGROUND

In 1993, Texas adopted the national goal of immunizing by 1996, 90%
of two-year-old children. The 73rd Texas Legislature passed S.B.
266, which requires all children through the age of 17 to be
immunized. Survey results recently announced by the Texas
Department of Health (TDH) show that statewide immunization rates
have improved significantly since 1993, but that much work remains
before the 90% goal is reached.

Current Texas law determining who may consent to the child's
immunizations is complicated and can be a barrier to ensuring that
children receive age-appropriate immunizations. The law was amended
in 1991 in an attempt to allow adults other than the parent or
guardian to consent to the immunizations, but the language has
resulted in confusion for both the families and medical personnel.
Amending the law should decrease concerns and questions about the
consent issue and may increase the number of children who receive
the necessary shots.

PURPOSE

H.B. 2209 as substituted would authorize specified adults to
consent to childhood immunizations in the absence of a parent,
managing conservator or guardian; delete the references to an adult
who "cannot be contacted;" and allow for an appropriate consent
form to be provided in lieu of the specified adult's presence at
the time of the immunization.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 35.011, Family Code, as follows:

     (a) Clarifies that specified adults may consent to the
immunization of a minor in the     absence of a parent, managing
conservator or other adult, and deletes that a parent,      conservator or other adult cannot be contacted; deletes the
reference to an adult         who is granted the right to consent
by order of a district court as provided in Section         35.015
of this Code.

     (c) Deletes existing reference to refusal of or failure to
carry out a delegation under  Section 35.012 of this Code.

SECTION 2. Amends Section 35.013, Family Code, as follows:

     Sec. 35.013. (a) Deletes reference to Section 35.012 and
establishes that a person     authorized to give consent is not
required to be present at the time of the immunization      if a
consent form which meets the requirements of Section 35.02,
regarding consent forms,      is given to the health care provider.

     (b) Deletes the reference to Section 35.012, regarding
delegation of consent for     immunization of a minor, Family Code.

     (c) Deletes the reference to Section 35.012.

SECTION 3. Deletes the references to Section 35.012 in Section
35.014(b), Family Code.
  
SECTION 4. Repeals Section 35.011(d), regarding when a person
cannot be contacted, Section 35.012, regarding delegation of
consent for immunization of a minor, and Section 35.015, regarding
consent for immunization of a minor from an informal guardian,
Family Code.

SECTION 5. Emergency clause. Effective upon passage. 
        
COMPARISON OF ORIGINAL TO SUBSTITUTE

H.B 2209 as substituted has non-substantive changes made by the
Legislative Council which do not alter the intent or meaning of the
legislation. 

SUMMARY OF COMMITTEE ACTION

H.B. 2209 was considered by the Public Health Committee in a public
hearing on April 4, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection.

The following person testified for the bill:
Charles Mallory, representing Austin/Travis County Health
Department.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed by a record vote of
5 AYES, 0 NAYS, 0 PNV, 4 ABSENT.