By Salinas                                            H.B. No. 1725
         76R3201 CMR-D                           
                                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     Each student shall be fully immunized against diphtheria, rubeola,
 1-9     rubella, mumps, tetanus, and poliomyelitis, except as provided by
1-10     Subsection (d) [(c)].
1-11           (b)  Subject to Subsection (d) [(c)], the Texas Board of
1-12     Health may modify or delete any of the immunizations in Subsection
1-13     (a)  or may  require immunizations against additional diseases as a
1-14     requirement for admission to any elementary or secondary school.
1-15           (c)  Each student who resides in a county any part of which
1-16     is located within 60 miles from the international border with the
1-17     United Mexican States shall be fully immunized  against hepatitis
1-18     A, except as provided by Subsection (d).
1-19           (d) [(c)]  Immunization is not required for a person's
1-20     admission to any elementary or secondary school if the person
1-21     applying for  admission:
1-22                 (1)  submits to the admitting official:
1-23                       (A)  an affidavit or a certificate signed by a
1-24     physician who is duly registered and licensed to practice medicine
 2-1     in the United States, in which it is stated that, in the
 2-2     physician's opinion, the immunization required would be injurious
 2-3     to the health and well-being of the applicant or any member of the
 2-4     applicant's family or household; or
 2-5                       (B)  an affidavit signed by the applicant or, if
 2-6     a minor, by the applicant's parent or guardian stating that the
 2-7     immunization conflicts with the tenets and practice of a recognized
 2-8     church or religious denomination of which the applicant is an
 2-9     adherent or member, except that this exemption does not apply in
2-10     times of emergency or epidemic declared by the commissioner of
2-11     public health; or
2-12                 (2)  is a member of the armed forces of the United
2-13     States and is on active duty.
2-14           (e) [(d)]  The Texas Department of Health shall provide the
2-15     required immunization to children in areas where no local provision
2-16     exists to  provide those services.
2-17           (f) [(e)]  A person may be provisionally admitted to an
2-18     elementary or secondary school if the person has begun the required
2-19     immunizations and if the person continues to receive the necessary
2-20     immunizations as rapidly as is medically feasible.  The Texas
2-21     Department of Health shall adopt rules relating to the provisional
2-22     admission of persons to an elementary or secondary school.
2-23           SECTION 2.  Section 42.043(b), Human Resources Code, is
2-24     amended to read as follows:
2-25           (b)  The department shall require that each child at an
2-26     appropriate age have a test for tuberculosis and be immunized
2-27     against diphtheria, tetanus, poliomyelitis, mumps, rubella, and
 3-1     rubeola and against any other communicable disease as recommended
 3-2     by the Texas Department of Health.  The department shall require
 3-3     that each child who is at least two years of age but younger than
 3-4     seven years of age and who resides in a county any part of which is
 3-5     located within 60 miles from the international border with the
 3-6     United Mexican States shall be fully immunized against hepatitis A.
 3-7     The immunization must be effective on the date of first entry into
 3-8     the facility.  However, a child may be provisionally admitted if
 3-9     the required immunizations have begun and are completed as rapidly
3-10     as medically feasible.
3-11           SECTION 3.  The change in law made by this Act by the
3-12     amendment of Section 38.001, Education Code, applies beginning with
3-13     the 1999-2000 school year.
3-14           SECTION 4.  The importance of this legislation and the
3-15     crowded condition of the calendars in both houses create an
3-16     emergency and an imperative public necessity that the
3-17     constitutional rule requiring bills to be read on three several
3-18     days in each house be suspended, and this rule is hereby suspended,
3-19     and that this Act take effect and be in force from and after its
3-20     passage, and it is so enacted.