By Nelson S.B. No. 61
74R2082 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. Subchapter A, Chapter 31, Human Resources Code,
1-5 is amended by adding Section 31.015 to read as follows:
1-6 Sec. 31.015. IMMUNIZATION REQUIREMENT. The department by
1-7 rule shall require a person receiving financial assistance and
1-8 services on behalf of a dependent child to provide proof to the
1-9 department that each dependent child for whom the person is
1-10 receiving assistance:
1-11 (1) has been immunized;
1-12 (2) is currently receiving an immunization series in
1-13 accordance with Section 161.004, Health and Safety Code, if the
1-14 child is of sufficient age; or
1-15 (3) is exempted under Section 161.004(d), Health and
1-16 Safety Code.
1-17 SECTION 2. Section 15.003, Agriculture Code, is amended to
1-18 read as follows:
1-19 Sec. 15.003. ELIGIBILITY; AMOUNT OF ALLOTMENT. (a) A
1-20 person is eligible to participate in the special nutrition program
1-21 if the person is enrolled in the W.I.C. program, <and> resides in
1-22 an area in which the special nutrition program is implemented, and
1-23 provides the proof required by the Texas Department of Health under
1-24 Subsection (b). The Texas Department of Health shall determine the
2-1 eligibility of potential participants.
2-2 (b) The Texas Department of Health by rule shall require
2-3 that a person who has a dependent child and who applies to
2-4 participate in the special nutrition program provide proof to the
2-5 department that each dependent child living with the person:
2-6 (1) has been immunized;
2-7 (2) is currently receiving an immunization series in
2-8 accordance with Section 161.004, Health and Safety Code, if the
2-9 child is of sufficient age; or
2-10 (3) is exempted under Section 161.004(d), Health and
2-11 Safety Code.
2-12 (c) Only the Texas Department of Health may determine the
2-13 dollar amount of each participant's monthly allotment of food
2-14 coupons.
2-15 SECTION 3. (a) If before implementing Section 31.015, Human
2-16 Resources Code, as added by this Act, the Texas Department of Human
2-17 Services determines that a waiver or authorization from a federal
2-18 agency is necessary for implementation, the department shall
2-19 request the waiver or authorization and may delay implementing
2-20 those provisions until the waiver or authorization is granted.
2-21 (b) If before implementing Section 15.003(b), Agriculture
2-22 Code, as amended by this Act, the Texas Department of Health
2-23 determines that a waiver or authorization from a federal agency is
2-24 necessary for implementation, the department shall request the
2-25 waiver or authorization and may delay implementing those provisions
2-26 until the waiver or authorization is granted.
2-27 SECTION 4. (a) Except as provided by Subsection (b) of this
3-1 section, this Act takes effect September 1, 1995, and applies only
3-2 to a person who applies for assistance under Chapter 31, Human
3-3 Resources Code, or who applies for participation in the special
3-4 nutrition program on or after that date.
3-5 (b) A person who is receiving assistance under Chapter 31,
3-6 Human Resources Code, or who is participating in the special
3-7 nutrition program on the effective date of this Act is not required
3-8 to provide proof under Section 31.015, Human Resources Code, as
3-9 added by this Act, or Section 15.003(b), Agriculture Code, as
3-10 amended by this Act, before January 1, 1996.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.