SRC-MWN, C.S.S.B. 31 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 31
77R5254 JSA-DBy: Zaffirini
Health & Human Services
2/16/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, dormitory residents face a high risk of contracting bacterial
meningitis because of crowded living environments. As proposed, C.S.S.B. 31
requires that all college and university students be provided with
information regarding the risks, symptoms, and vaccine for bacterial
meningitis and the availability of a vaccine to students through the
student health center.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9191, as follows: 

Sec. 51.9191. BACTERIAL MENINGITIS INFORMATION FOR NEW STUDENTS. Defines
"institution of higher education," "private or independent institution of
higher education," and "new student." Requires the Texas Higher Education
Coordinating Board (coordinating board) to prescribe procedures by which
each institution of higher education will provide information relating to
bacterial meningitis to new students of the institution. Requires that the
procedures provide for the information to be provided in a brochure or
other manner so that the information is reasonably likely to come to the
attention of each student. Requires the coordinating board to prescribe the
form and content of the information. Requires the information to cover
certain areas. Requires the coordinating board to consult with the Texas
Department of Health in prescribing the content of the information to be
provided to students under this section. Requires the coordinating board to
establish an advisory committee to assist the coordinating board in the
initial implementation of this section. Requires the advisory committee to
include at least two members who are students at public or private
institutions of higher education. Authorizes an institution of higher
education, with written consent of the coordinating board, to provide the
information required by this section to new students of the institution by
a method different from the method prescribed by the coordinating board
under Subsection (b) if the board determines that method would be effective
in bringing the information to the attention of all new students of the
institution. Requires each institution of higher education to obtain from
each new student of the institution a confirmation signed or acknowledged
by the student that the student has received the information required to be
provided to the student under this section and is required to retain the
confirmation for not less than two years after the student first enrolls at
the institution. Requires the coordinating board and the Texas Department
of Health to encourage private or independent institutions of higher
education to provide the information prescribed by Subsection (b) to all
new students of those institutions. 

SECTION 2. Amends Chapter 38, Education Code, by adding Section 38.0025, as
follows: 

Sec. 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS INFORMATION. Requires
the agency Texas Education Agency (agency) to prescribe procedures by which
each  school district is required to provide information relating to
bacterial meningitis to its students and their parents each school year.
Requires the procedures to ensure that the information is reasonably likely
to come to the attention of the parents of each student. Requires the
agency to prescribe the form and content of the information. Requires the
information to cover certain criteria. Requires the agency to consult with
the Texas Department of Health in prescribing the content of the
information to be provided to students under this section. Requires the
agency to establish an advisory committee to assist the coordinating board
in the initial implementation of this section. Requires the advisory
committee to include at least two members who are parents of students at
public schools in this state. Authorizes a school district, with the
written consent of the agency, to provide information required by this
section to its students and their parents by a method different from the
method prescribed by the agency under Subsection (a) if the agency
determines the method would be effective in bringing the information to the
attention of the parents of each student.  

SECTION 3. Effective date: upon passage or September 1, 2001. Provides that
Section 38.0025, Education Code, as added by this Act, applies beginning
with the 2001-2002 school year. Requires the coordinating board to
implement Section 51.9191, Education Code, as added by this Act, as
necessary to ensure that the information required by that section is
provided to new students of institutions of higher education entering those
institutions on or after January 1, 2002. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed S.B. 31, Section 51.9191, Education Code, as
follows:  

 _Adds  new language pertaining to description of risks and possible side
effects of vaccination.  

 _Replaces "required" with "prescribed" referring to the method used by an
institution of higher education to provide certain information. 

 _Adds new language pertaining to obtaining a confirmation signed by the
student. 

SECTION 2. Adds Section 38.0025 (Dissemination of Bacterial Meningitis
Information), Education Code. 

SECTION 3. Redesignates SECTION 2 of the original as SECTION 3 of the
substitute. 

 _Adds new language pertaining to Section 38.0025, Education Code,
providing this Act applies with the beginning of the 2001-2002 school year.