By:  Zaffirini                                        S.B. No. 1098
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to consent for the immunization of a minor.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subsections (a) and (c), Section 35.011, Family
    1-4  Code, are amended to read as follows:
    1-5        (a)  Any of the following may consent to the immunization of
    1-6  a minor in the absence of <if> a parent, managing conservator,
    1-7  guardian of the minor, or other person who, under the law of
    1-8  another state or a court order, may consent for the minor <cannot
    1-9  be contacted> and the authority to consent is not denied under
   1-10  Subsection (b) of this section:
   1-11              (1)  a grandparent;
   1-12              (2)  an adult brother or sister;
   1-13              (3)  an adult aunt or uncle;
   1-14              (4)  a stepparent;
   1-15              (5)  an educational institution in which the minor is
   1-16  enrolled and that has written authorization to consent for the
   1-17  minor from a parent, managing conservator, guardian of the minor,
   1-18  or other person who, under the law of another state or a court
   1-19  order, may consent for the minor;
   1-20              (6)  another adult who has care and control of the
   1-21  minor and has written authorization to consent for the minor from a
   1-22  parent, managing conservator, guardian of the minor, or other
   1-23  person who, under the law of another state or a court order, may
    2-1  consent for the minor;
    2-2              (7)  a court having jurisdiction of a suit affecting
    2-3  the parent-child relationship of which the minor is the subject;
    2-4              (8)  an adult having care and control of the minor
    2-5  under an order of a juvenile court or by commitment by a juvenile
    2-6  court to the care of an agency of the state or county, if the adult
    2-7  reasonably believes the minor needs immunization; or
    2-8              (9)  an adult having care and control of the minor as
    2-9  the primary caregiver of the minor<, if the adult is granted the
   2-10  right to consent to immunization of the minor by order of a
   2-11  district court as provided in Section 35.015 of this code>.
   2-12        (c)  The Texas Youth Commission may consent, for a minor
   2-13  committed to it, to the immunization of the minor if a parent,
   2-14  managing conservator, guardian of the minor, or other person who,
   2-15  under the law of another state or a court order, may consent for
   2-16  the minor has been contacted and:
   2-17              (1)  refuses to consent or fails to carry out consent
   2-18  for the minor <or refuses delegation or fails to carry out a
   2-19  delegation under Section 35.012 of this code>; and
   2-20              (2)  does not expressly deny to the Texas Youth
   2-21  Commission the authority to consent for the minor.
   2-22        SECTION 2.  Section 35.013, Family Code, is amended to read
   2-23  as follows:
   2-24        Sec. 35.013.  Consent for Immunization: Informed Consent.
   2-25  (a)  A person authorized under Section 35.011 <or 35.012> of this
    3-1  code to consent to the immunization of a minor has the
    3-2  responsibility to ensure that the consent, if given, is an informed
    3-3  consent.  The person authorized to consent is not required to be
    3-4  present when the immunization of the minor is requested if a
    3-5  consent form that meets the requirements of Section 35.02 of this
    3-6  code has been given to the health care provider.
    3-7        (b)  The responsibility of a health care provider to provide
    3-8  information to a person consenting under Section 35.011 <or 35.012>
    3-9  of this code is the same as the provider's responsibility to a
   3-10  parent.
   3-11        (c)  As part of the information given in the counseling for
   3-12  informed consent, the health care provider shall provide
   3-13  information to inform the person authorized under Section 35.011
   3-14  <or 35.012> of this code to consent to the immunization of a minor
   3-15  of the procedures available under the National Childhood Vaccine
   3-16  Injury Act of 1986 (Pub. L. 99-660) to seek possible recovery for
   3-17  unreimbursed expenses for certain injuries arising out of the
   3-18  administration of certain vaccines.
   3-19        SECTION 3.  Subsection (b), Section 35.014, Family Code, is
   3-20  amended to read as follows:
   3-21        (b)  A person consenting under Section 35.011 <or 35.012> of
   3-22  this code, a physician, nurse, other health care provider licensed
   3-23  to practice in this state, or a public health clinic, hospital, or
   3-24  other medical facility is not liable for damages arising from an
   3-25  immunization administered to a minor as authorized under Section
    4-1  35.011 <or 35.012> of this code except for the person's or
    4-2  facility's own acts of negligence.
    4-3        SECTION 4.  Subsection (d), Section 35.011, and Sections
    4-4  35.012 and 35.015, Family Code, are repealed.
    4-5        SECTION 5.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended,
   4-10  and that this Act take effect and be in force from and after its
   4-11  passage, and it is so enacted.