By Zaffirini S.B. No. 615
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.