BILL ANALYSIS


                                                    C.S.S.B. 1098
                                                    By: Zaffirini
                                        Health and Human Services
                                                         03-29-95
                                   Committee Report (Substituted)
BACKGROUND

Despite continuously improving immunization rates in Texas,
approximately 60 percent of two-year-olds still lack one or more
vaccines for complete immunization.  Under current law, the consent
process for the immunization of minors is burdensome for persons
other than the parent or legal guardian.

PURPOSE

As proposed, C.S.S.B. 1098 grants the person authorized to give
consent to the immunization of a minor the right to not be present
at the time the immunization is requested, if an appropriate
consent form has been given to the health care provider.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 35.011(a) and (c), Family Code, as
follows:

     (a) Authorizes certain persons and entities to consent to the
     immunization of a minor in the absence of a parent, rather
     than if a parent cannot be contacted.  Deletes reference to
     Section 35.015 of this code.
     
     (c) Deletes reference to Section 35.102 of this code.
     
     SECTION 2.     Amends Section 35.013, Family Code, to provide that the
person authorized to give consent for immunization of a minor is
not required to be present when the immunization of the minor is
requested, if a consent form under Section 35.02 of this code has
been given to the health care provider.  Deletes references to
Section 35.012 of this code.

SECTION 3. Amends Section 35.014(b), Family Code, to delete
references to Section 35.012 of this code.

SECTION 4. Repealer: Sections 35.011(d), Family Code (Who May Give
Informed Consent for Immunization of a Minor), 35.012 (Delegation
of Consent for Immunization), and 35.015 (Informal Guardian for
Consent).

SECTION 5. Emergency clause.
           Effective date: upon passage.