By Park H.B. No. 2453
74R4443 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory immunizations for certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.031, Human Resources Code, is amended
1-5 by adding Subsections (c), (d), and (e) to read as follows:
1-6 (c) The department shall require the applicant to provide
1-7 proof to the department that each dependent child for whom the
1-8 applicant will receive assistance:
1-9 (1) has been immunized in accordance with Section
1-10 161.004, Health and Safety Code;
1-11 (2) is currently receiving an immunization series in
1-12 accordance with Section 161.004, Health and Safety Code, if the
1-13 child is of sufficient age; or
1-14 (3) is exempted under Section 161.004(d), Health and
1-15 Safety Code.
1-16 (d) An applicant who cannot provide the proof required by
1-17 Subsection (c) at the time of application shall provide the proof
1-18 not later than the 180th day after the date the department
1-19 determines the applicant is eligible for financial assistance.
1-20 (e) The department by rule shall provide sanctions for a
1-21 financial assistance recipient's failure to comply with Subsection
1-22 (c) or (d).
1-23 SECTION 2. Section 15.003, Agriculture Code, is amended to
1-24 read as follows:
2-1 Sec. 15.003. ELIGIBILITY; AMOUNT OF ALLOTMENT. (a) A
2-2 person is eligible to participate in the special nutrition program
2-3 if the person is enrolled in the W.I.C. program, <and> resides in
2-4 an area in which the special nutrition program is implemented, and
2-5 provides the proof required by the Texas Department of Health under
2-6 Subsection (b). The Texas Department of Health shall determine the
2-7 eligibility of potential participants.
2-8 (b) The Texas Department of Health by rule shall require
2-9 that a person who has a dependent child and who applies to
2-10 participate in the special nutrition program provide proof to the
2-11 department that each dependent child living with the person:
2-12 (1) has been immunized in accordance with Section
2-13 161.004, Health and Safety Code;
2-14 (2) is currently receiving an immunization series in
2-15 accordance with Section 161.004, Health and Safety Code, if the
2-16 child is of sufficient age; or
2-17 (3) is exempted under Section 161.004(d), Health and
2-18 Safety Code.
2-19 (c) An applicant who cannot provide the proof required by
2-20 Subsection (b) at the time of application shall provide the proof
2-21 not later than the 180th day after the date the Texas Department of
2-22 Health determines the applicant is eligible for the special
2-23 nutrition program.
2-24 (d) The Texas Department of Health by rule shall provide
2-25 sanctions for failure to comply with Subsection (b) or (c).
2-26 (e) Only the Texas Department of Health may determine the
2-27 dollar amount of each participant's monthly allotment of food
3-1 coupons.
3-2 SECTION 3. Subchapter B, Chapter 41, Human Resources Code,
3-3 is amended by adding Section 41.0251 to read as follows:
3-4 Sec. 41.0251. IMMUNIZATION REQUIRED. The department shall
3-5 make reasonable efforts to ensure that a child in foster care is
3-6 immunized in accordance with Section 161.004, Health and Safety
3-7 Code, unless the child is exempted under Section 161.004(d), Health
3-8 and Safety Code.
3-9 SECTION 4. If before implementing a provision of this Act a
3-10 state agency determines that a waiver or authorization from a
3-11 federal agency is necessary for implementation, the agency shall
3-12 request the waiver or authorization and may delay implementing that
3-13 provision until the waiver or authorization is granted.
3-14 SECTION 5. This Act takes effect September 1, 1995, and
3-15 applies only to a person who applies for assistance under Chapter
3-16 31, Human Resources Code, or who applies for participation in the
3-17 special nutrition program on or after that date.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.