76R8007 CMR-D
By Salinas H.B. No. 1725
Substitute the following for H.B. No. 1725:
By Capelo C.S.H.B. No. 1725
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to immunization requirements for children living near the
1-3 border with the United Mexican States.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.001, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS. (a)
1-8 In this section, "border region" means the area composed of the
1-9 counties of Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit,
1-10 Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim
1-11 Hogg, Kenedy, Kinney, La Salle, Maverick, McMullen, Pecos,
1-12 Presidio, Real, Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde,
1-13 Webb, Willacy, Zapata, and Zavala.
1-14 (b) Each student shall be fully immunized against
1-15 diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis,
1-16 except as provided by Subsection (e) [(c)].
1-17 (c) [(b)] Subject to Subsection (e) [(c)], the Texas Board
1-18 of Health may modify or delete any of the immunizations in
1-19 Subsection (b) [(a)] or may require immunizations against
1-20 additional diseases as a requirement for admission to any
1-21 elementary or secondary school.
1-22 (d) Each elementary school student who is younger than seven
1-23 years of age and who resides in the border region shall be fully
1-24 immunized against hepatitis A, except as provided by Subsection
2-1 (e).
2-2 (e) [(c)] Immunization is not required for a person's
2-3 admission to any elementary or secondary school if the person
2-4 applying for admission:
2-5 (1) submits to the admitting official:
2-6 (A) an affidavit or a certificate signed by a
2-7 physician who is duly registered and licensed to practice medicine
2-8 in the United States, in which it is stated that, in the
2-9 physician's opinion, the immunization required would be injurious
2-10 to the health and well-being of the applicant or any member of the
2-11 applicant's family or household; or
2-12 (B) an affidavit signed by the applicant or, if
2-13 a minor, by the applicant's parent or guardian stating that the
2-14 immunization conflicts with the tenets and practice of a recognized
2-15 church or religious denomination of which the applicant is an
2-16 adherent or member, except that this exemption does not apply in
2-17 times of emergency or epidemic declared by the commissioner of
2-18 public health; or
2-19 (2) is a member of the armed forces of the United
2-20 States and is on active duty.
2-21 (f) [(d)] The Texas Department of Health shall provide the
2-22 required immunization to children in areas where no local provision
2-23 exists to provide those services.
2-24 (g) [(e)] A person may be provisionally admitted to an
2-25 elementary or secondary school if the person has begun the required
2-26 immunizations and if the person continues to receive the necessary
2-27 immunizations as rapidly as is medically feasible. The Texas
3-1 Department of Health shall adopt rules relating to the provisional
3-2 admission of persons to an elementary or secondary school.
3-3 SECTION 2. Section 42.043, Human Resources Code, is amended
3-4 to read as follows:
3-5 Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) In this section,
3-6 "border region" means the area composed of the counties of
3-7 Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval,
3-8 Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg,
3-9 Kenedy, Kinney, La Salle, Maverick, McMullen, Pecos, Presidio,
3-10 Real, Reeves, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb,
3-11 Willacy, Zapata, and Zavala.
3-12 (b) The department shall make rules for the immunization of
3-13 children in facilities regulated under this chapter.
3-14 (c) [(b)] The department shall require that each child at an
3-15 appropriate age have a test for tuberculosis and be immunized
3-16 against diphtheria, tetanus, poliomyelitis, mumps, rubella, and
3-17 rubeola and against any other communicable disease as recommended
3-18 by the Texas Department of Health. The department shall require
3-19 that each child who is at least two years of age but younger than
3-20 seven years of age and who resides in the border region be fully
3-21 immunized against hepatitis A. The immunization must be effective
3-22 on the date of first entry into the facility. However, a child may
3-23 be provisionally admitted if the required immunizations have begun
3-24 and are completed as rapidly as medically feasible.
3-25 (d) [(c)] The Texas Department of Health shall make rules
3-26 for the provisional admission of children to facilities regulated
3-27 under this chapter and may modify or delete any of the
4-1 immunizations listed in Subsection (c) [(b)] of this section or
4-2 require additional immunizations as a requirement for admission to
4-3 a facility.
4-4 (e) [(d)] No immunization may be required for admission to a
4-5 facility regulated under this chapter if a person applying for a
4-6 child's admission submits one of the following affidavits:
4-7 (1) an affidavit signed by a licensed physician
4-8 stating that the immunization would be injurious to the health and
4-9 well-being of the child or a member of the child's family or
4-10 household; or
4-11 (2) an affidavit signed by the child's parent or
4-12 guardian stating that the immunization conflicts with the tenets
4-13 and practices of a recognized religious organization of which the
4-14 applicant is an adherent or a member.
4-15 (f) [(e)] Each regulated facility shall keep an individual
4-16 immunization record for each child admitted, and the records shall
4-17 be open for inspection by the department at all reasonable times.
4-18 (g) [(f)] The Texas Department of Health shall provide the
4-19 immunizations required by this section to children in areas where
4-20 there is no local provision of these services.
4-21 SECTION 3. The change in law made by this Act by the
4-22 amendment of Section 38.001, Education Code, applies beginning with
4-23 the 1999-2000 school year.
4-24 SECTION 4. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.