1-1     By:  Zaffirini, et al.                                  S.B. No. 31
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Education;
 1-4     February 7, 2001, rereferred to Committee on Health and Human
 1-5     Services; February 19, 2001, reported adversely, with favorable
 1-6     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-7     February 19, 2001, sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR S.B. No. 31                     By:  Madla
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to providing information about bacterial meningitis to
1-12     students of public schools and students of institutions of higher
1-13     education.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
1-16     amended by adding Section 51.9191 to read as follows:
1-17           Sec. 51.9191.  BACTERIAL MENINGITIS INFORMATION FOR NEW
1-18     STUDENTS.  (a)  In this section:
1-19                 (1)  "Institution of higher education" and "private or
1-20     independent institution of higher education" have the meanings
1-21     assigned by Section 61.003.
1-22                 (2)  "New student" means a first-time student of an
1-23     institution of higher education or private or independent
1-24     institution of higher education and includes a student who
1-25     transfers to the institution from another institution.
1-26           (b)  The Texas Higher Education Coordinating Board shall
1-27     prescribe procedures by which each institution of higher education
1-28     shall provide information relating to bacterial meningitis to new
1-29     students of the institution.  The procedures must provide for the
1-30     information to be provided in a brochure or other manner so that
1-31     the information is reasonably likely to come to the attention of
1-32     each student.  The coordinating board shall prescribe the form and
1-33     content of the information.  The information must cover:
1-34                 (1)  the symptoms of the disease, how it may be
1-35     diagnosed, and its possible consequences if untreated;
1-36                 (2)  how the disease is transmitted, how it may be
1-37     prevented, and the relative risk of contracting the disease for
1-38     students of institutions of higher education;
1-39                 (3)  the availability and effectiveness of vaccination
1-40     against and treatment for the disease, including how students of
1-41     the institution may seek vaccination or treatment and whether a
1-42     vaccination is available from the student health center, and a
1-43     brief description of the risks and possible side effects of
1-44     vaccination; and
1-45                 (4)  sources of additional information regarding the
1-46     disease and include the telephone numbers of the student health
1-47     center, if there is a student health center, and the appropriate
1-48     office of the Texas Department of Health.
1-49           (c)  The Texas Higher Education Coordinating Board shall
1-50     consult with the Texas Department of Health in prescribing the
1-51     content of the information  to be provided to students under this
1-52     section. The coordinating board shall establish an advisory
1-53     committee to assist the coordinating board in the initial
1-54     implementation of this section.  The advisory committee must
1-55     include at least two members who are students at public or private
1-56     institutions of higher education.
1-57           (d)  An institution of higher education, with the written
1-58     consent of the Texas Higher Education Coordinating Board, may
1-59     provide the information required by this section to new students of
1-60     the institution by a method different from the method prescribed by
1-61     the coordinating board under Subsection (b) if the coordinating
1-62     board determines that method would be effective in bringing the
1-63     information to the attention of all new students of the
1-64     institution.
 2-1           (e)  Each institution of higher education shall obtain from
 2-2     each new student of the institution a confirmation signed or
 2-3     acknowledged by the student that the student has received the
 2-4     information required to be provided to the student under this
 2-5     section and shall retain the confirmation for not less than two
 2-6     years after the student first enrolls at the institution.
 2-7           (f)  The Texas Higher Education Coordinating Board and the
 2-8     Texas Department of Health shall encourage private or independent
 2-9     institutions of higher education to provide the information
2-10     prescribed by Subsection (b) to all new students of those
2-11     institutions.
2-12           SECTION 2.  Chapter 38, Education Code, is amended by adding
2-13     Section 38.0025 to read as follows:
2-14           Sec. 38.0025.  DISSEMINATION OF BACTERIAL MENINGITIS
2-15     INFORMATION.  (a)  The agency shall prescribe procedures by which
2-16     each school district shall provide information relating to
2-17     bacterial meningitis to its students and their parents each school
2-18     year.  The procedures must ensure that the information is
2-19     reasonably likely to come to the attention of the parents of each
2-20     student.  The agency shall prescribe the form and content of the
2-21     information.  The information must cover:
2-22                 (1)  the symptoms of the disease, how it may be
2-23     diagnosed, and its possible consequences if untreated;
2-24                 (2)  how the disease is transmitted, how it may be
2-25     prevented, and the relative risk of contracting the disease for
2-26     primary and secondary school students;
2-27                 (3)  the availability and effectiveness of vaccination
2-28     against and treatment for the disease, and a brief description of
2-29     the risks and possible side effects of vaccination; and
2-30                 (4)  sources of additional information regarding the
2-31     disease, including any appropriate office of the school district
2-32     and the appropriate office of the Texas Department of Health.
2-33           (b)  The agency shall consult with the Texas Department of
2-34     Health in prescribing the content of the information to be provided
2-35     to students under this section.  The agency shall establish an
2-36     advisory committee to assist the agency in the initial
2-37     implementation of this section.  The advisory committee must
2-38     include at least two members who are parents of students at public
2-39     schools in this state.
2-40           (c)  A school district, with the written consent of the
2-41     agency, may provide the information required by this section to its
2-42     students and their parents by a method different from the method
2-43     prescribed by the agency under Subsection (a) if the agency
2-44     determines that method would be effective in bringing the
2-45     information to the attention of the parents of each student.
2-46           SECTION 3.  (a)  This Act takes effect immediately if it
2-47     receives a vote of two-thirds of all the members elected to each
2-48     house, as provided by Section 39, Article III, Texas Constitution.
2-49     If this Act does not receive the vote necessary for immediate
2-50     effect, this Act takes effect September 1, 2001.
2-51           (b)  Section 38.0025, Education Code, as added by this Act,
2-52     applies beginning with the 2001-2002 school year.
2-53           (c)  The Texas Higher Education Coordinating Board shall
2-54     implement Section 51.9191, Education Code, as added by this Act, as
2-55     necessary to ensure that the information required by that section
2-56     is provided to new students of institutions of higher education
2-57     entering those institutions on or after January 1, 2002.
2-58                                  * * * * *