By: Zaffirini, et al. S.B. No. 31
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing information about bacterial meningitis to
1-3 students of public schools and students of institutions of higher
1-4 education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-7 amended by adding Section 51.9191 to read as follows:
1-8 Sec. 51.9191. BACTERIAL MENINGITIS INFORMATION FOR NEW
1-9 STUDENTS. (a) In this section:
1-10 (1) "Institution of higher education" and "private or
1-11 independent institution of higher education" have the meanings
1-12 assigned by Section 61.003.
1-13 (2) "New student" means a first-time student of an
1-14 institution of higher education or private or independent
1-15 institution of higher education and includes a student who
1-16 transfers to the institution from another institution.
1-17 (b) The Texas Higher Education Coordinating Board shall
1-18 prescribe procedures by which each institution of higher education
1-19 shall provide information relating to bacterial meningitis to new
1-20 students of the institution. The procedures must provide for the
1-21 information to be provided in a brochure or other manner so that
1-22 the information is reasonably likely to come to the attention of
1-23 each student. The coordinating board shall prescribe the form and
1-24 content of the information. The information must cover:
1-25 (1) the symptoms of the disease, how it may be
2-1 diagnosed, and its possible consequences if untreated;
2-2 (2) how the disease is transmitted, how it may be
2-3 prevented, and the relative risk of contracting the disease for
2-4 students of institutions of higher education;
2-5 (3) the availability and effectiveness of vaccination
2-6 against and treatment for the disease, including how students of
2-7 the institution may seek vaccination or treatment and whether a
2-8 vaccination is available from the student health center, and a
2-9 brief description of the risks and possible side effects of
2-10 vaccination; and
2-11 (4) sources of additional information regarding the
2-12 disease and include the telephone numbers of the student health
2-13 center, if there is a student health center, and the appropriate
2-14 office of the Texas Department of Health.
2-15 (c) The Texas Higher Education Coordinating Board shall
2-16 consult with the Texas Department of Health in prescribing the
2-17 content of the information to be provided to students under this
2-18 section. The coordinating board shall establish an advisory
2-19 committee to assist the coordinating board in the initial
2-20 implementation of this section. The advisory committee must
2-21 include at least two members who are students at public or private
2-22 institutions of higher education.
2-23 (d) An institution of higher education, with the written
2-24 consent of the Texas Higher Education Coordinating Board, may
2-25 provide the information required by this section to new students of
2-26 the institution by a method different from the method prescribed by
3-1 the coordinating board under Subsection (b) if the coordinating
3-2 board determines that method would be effective in bringing the
3-3 information to the attention of all new students of the
3-4 institution.
3-5 (e) Each institution of higher education shall obtain from
3-6 each new student of the institution a confirmation signed or
3-7 acknowledged by the student that the student has received the
3-8 information required to be provided to the student under this
3-9 section and shall retain the confirmation for not less than two
3-10 years after the student first enrolls at the institution.
3-11 (f) The Texas Higher Education Coordinating Board and the
3-12 Texas Department of Health shall encourage private or independent
3-13 institutions of higher education to provide the information
3-14 prescribed by Subsection (b) to all new students of those
3-15 institutions.
3-16 SECTION 2. Chapter 38, Education Code, is amended by adding
3-17 Section 38.0025 to read as follows:
3-18 Sec. 38.0025. DISSEMINATION OF BACTERIAL MENINGITIS
3-19 INFORMATION. (a) The agency shall prescribe procedures by which
3-20 each school district shall provide information relating to
3-21 bacterial meningitis to its students and their parents each school
3-22 year. The procedures must ensure that the information is
3-23 reasonably likely to come to the attention of the parents of each
3-24 student. The agency shall prescribe the form and content of the
3-25 information. The information must cover:
3-26 (1) the symptoms of the disease, how it may be
4-1 diagnosed, and its possible consequences if untreated;
4-2 (2) how the disease is transmitted, how it may be
4-3 prevented, and the relative risk of contracting the disease for
4-4 primary and secondary school students;
4-5 (3) the availability and effectiveness of vaccination
4-6 against and treatment for the disease, and a brief description of
4-7 the risks and possible side effects of vaccination; and
4-8 (4) sources of additional information regarding the
4-9 disease, including any appropriate office of the school district
4-10 and the appropriate office of the Texas Department of Health.
4-11 (b) The agency shall consult with the Texas Department of
4-12 Health in prescribing the content of the information to be provided
4-13 to students under this section. The agency shall establish an
4-14 advisory committee to assist the agency in the initial
4-15 implementation of this section. The advisory committee must
4-16 include at least two members who are parents of students at public
4-17 schools in this state.
4-18 (c) A school district, with the written consent of the
4-19 agency, may provide the information required by this section to its
4-20 students and their parents by a method different from the method
4-21 prescribed by the agency under Subsection (a) if the agency
4-22 determines that method would be effective in bringing the
4-23 information to the attention of the parents of each student.
4-24 SECTION 3. (a) This Act takes effect immediately if it
4-25 receives a vote of two-thirds of all the members elected to each
4-26 house, as provided by Section 39, Article III, Texas Constitution.
5-1 If this Act does not receive the vote necessary for immediate
5-2 effect, this Act takes effect September 1, 2001.
5-3 (b) Section 38.0025, Education Code, as added by this Act,
5-4 applies beginning with the 2001-2002 school year.
5-5 (c) The Texas Higher Education Coordinating Board shall
5-6 implement Section 51.9191, Education Code, as added by this Act, as
5-7 necessary to ensure that the information required by that section
5-8 is provided to new students of institutions of higher education
5-9 entering those institutions on or after January 1, 2002.