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.