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.