By Green, McClendon, Burnam, Hupp, et al. H.B. No. 1347
76R4371 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exemptions from the immunization requirements for
1-3 students and children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.001(c), Education Code, is amended to
1-6 read as follows:
1-7 (c) Immunization is not required for a person's admission to
1-8 any elementary or secondary school if the person applying for
1-9 admission:
1-10 (1) submits to the admitting official:
1-11 (A) an affidavit or a certificate signed by a
1-12 physician who is duly registered and licensed to practice medicine
1-13 in the United States, in which it is stated that, in the
1-14 physician's opinion, the immunization required would be injurious
1-15 to the health and well-being of the applicant or any member of the
1-16 applicant's family or household; or
1-17 (B) an affidavit signed by the applicant or, if
1-18 a minor, by the applicant's parent or guardian stating that the
1-19 applicant declines immunization for reasons of conscience or
1-20 because of a religious belief [conflicts with the tenets and
1-21 practice of a recognized church or religious denomination of which
1-22 the applicant is an adherent or member], except that this exemption
1-23 does not apply in times of emergency or epidemic declared by the
1-24 commissioner of public health; or
2-1 (2) is a member of the armed forces of the United
2-2 States and is on active duty.
2-3 SECTION 2. Section 51.933(d), Education Code, is amended to
2-4 read as follows:
2-5 (d) No form of immunization is required for a person's
2-6 admission to an institution of higher education if the person
2-7 applying for admission:
2-8 (1) submits to the admitting official:
2-9 (A) an affidavit or a certificate signed by a
2-10 physician who is duly registered and licensed to practice medicine
2-11 within the United States in which it is stated that, in the
2-12 physician's opinion, the immunization required would be injurious
2-13 to the health and well-being of the applicant or any member of the
2-14 applicant's family or household; or
2-15 (B) an affidavit signed by the applicant or, if
2-16 a minor, by the applicant's parent or guardian stating that the
2-17 immunization is being declined for reasons of conscience or because
2-18 of a religious belief [conflicts with the tenets and practice of a
2-19 recognized church or religious denomination of which the applicant
2-20 is an adherent or member]; or
2-21 (2) is a member of the armed forces of the United
2-22 States and is on active duty.
2-23 SECTION 3. Section 42.043(d), Human Resources Code, is
2-24 amended to read as follows:
2-25 (d) No immunization may be required for admission to a
2-26 facility regulated under this chapter if a person applying for a
2-27 child's admission submits one of the following affidavits:
3-1 (1) an affidavit signed by a licensed physician
3-2 stating that the immunization would be injurious to the health and
3-3 well-being of the child or a member of the child's family or
3-4 household; or
3-5 (2) an affidavit signed by the child's parent or
3-6 guardian stating that the immunization is being declined for
3-7 reasons of conscience or because of a religious belief [conflicts
3-8 with the tenets and practices of a recognized religious
3-9 organization of which the applicant is an adherent or a member].
3-10 SECTION 4. Section 161.004(d), Health and Safety Code, is
3-11 amended to read as follows:
3-12 (d) A child is exempt from an immunization required by this
3-13 section if:
3-14 (1) [immunization conflicts with the tenets of an
3-15 organized religion to which] a parent, managing conservator, or
3-16 guardian of the child states that the immunization is being
3-17 declined for reasons of conscience or because of a religious belief
3-18 [belongs]; or
3-19 (2) the immunization is medically contraindicated
3-20 based on an examination of the child by a physician licensed by any
3-21 state in the United States.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.