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.