S.B. 1098
By: Zaffirini (Berlanga)
Committee Report (Unamended)


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.


S.B. 1098 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.


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 1. Amends Section 35.011(a) and (c), Family Code, as

     (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:

     (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, Family Code, in
     regard to delegation of consent for immunization of a minor.

     (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 date: upon passage. 


S.B. 1098 was considered by the Committee on Public Health in a
formal meeting on April 26, 1995. The bill was reported favorably
without amendment, with the recommendation that it do pass and be
printed, by a record vote of 8 AYES, 0 NAYS, 0 PNV, 1 ABSENT.