78S10326 MCK-D

By:  Capelo                                                       H.B. No. 89 



A BILL TO BE ENTITLED

AN ACT

relating to the right to refuse certain immunizations.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 38.001(c), Education Code, as amended by 
H.B. No. 2292, Acts of the 78th Legislature, Regular Session, 2003, 
is amended to read as follows:
	(c)  Immunization is not required for a person's admission to 
any elementary or secondary school if the person applying for 
admission:
		(1)  submits to the admitting official:                                       
			(A)  an affidavit or a certificate signed by a 
physician who is duly registered and licensed to practice medicine 
in the United States, in which it is stated that, in the physician's 
opinion, the immunization required would be injurious [poses a 
significant risk] to the health and well-being of the applicant or 
any member of the applicant's family or household; or
			(B)  an affidavit signed by the applicant or, if a 
minor, by the applicant's parent or guardian stating that the 
[applicant declines] immunization conflicts with the tenets and 
practice of a recognized church or religious denomination of which 
the applicant is an adherent or member, except that this exemption 
does not apply in times of emergency or epidemic declared by the 
commissioner of public health [for reasons of conscience, including 
a religious belief]; or
		(2)  is a member of the armed forces of the United 
States and is on active duty.
	SECTION 2.  Section 51.933(d), Education Code, as amended by 
H.B. No. 2292, Acts of the 78th Legislature, Regular Session, 2003, 
is amended to read as follows:
	(d)  No form of immunization is required for a person's 
admission to an institution of higher education if the person 
applying for admission:
		(1)  submits to the admitting official:                                       
			(A)  an affidavit or a certificate signed by a 
physician who is duly registered and licensed to practice medicine 
within the United States in which it is stated that, in the 
physician's opinion, the immunization required would be injurious 
[poses a significant risk] to the health and well-being of the 
applicant or any member of the applicant's family or household; or
			(B)  an affidavit signed by the applicant or, if a 
minor, by the applicant's parent or guardian stating that the 
[applicant declines] immunization conflicts with the tenets and 
practice of a recognized church or religious denomination of which 
the applicant is an adherent or member [for reasons of conscience, 
including a religious belief]; or
		(2)  is a member of the armed forces of the United 
States and is on active duty.
	SECTION 3.  Section 161.004(d), Health and Safety Code, as 
amended by H.B. No. 2292, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(d)  A child is exempt from an immunization required by this 
section if:     
		(1)  immunization conflicts with the tenets of an 
organized religion to which a parent, managing conservator, or 
guardian belongs [states that the immunization is being declined 
for reasons of conscience, including a religious belief]; or
		(2)  the immunization is medically contraindicated 
based on an examination of the child by [the opinion of] a physician 
licensed by any state in the United States [who has examined the 
child].
	SECTION 4.  Section 42.043(d), Human Resources Code, as 
amended by H.B. No. 2292, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(d)  No immunization may be required for admission to a 
facility regulated under this chapter if a person applying for a 
child's admission submits one of the following affidavits:
		(1)  an affidavit signed by a licensed physician 
stating that the immunization would be injurious [poses a 
significant risk] to the health and well-being of the child or a 
member of the child's family or household; or
		(2)  an affidavit signed by the child's parent or 
guardian stating that the [applicant declines] immunization 
conflicts with the tenets and practices of a recognized religious 
organization of which the applicant is an adherent or a member [for 
reasons of conscience, including a religious belief].
	SECTION 5.  The following laws are repealed:                                   
		(1)  Sections 38.001(c-1) and (f), Education Code, as 
added by H.B. No. 2292, Acts of the 78th Legislature, Regular 
Session, 2003;
		(2)  Section 51.933(d-1), Education Code, as added by 
H.B. No. 2292, Acts of the 78th Legislature, Regular Session, 2003;
		(3)  Section 161.0041, Health and Safety Code, as added 
by H.B. No. 2292, Acts of the 78th Legislature, Regular Session, 
2003; and
		(4)  Section 42.043(d-1), Human Resources Code, as 
added by H.B. No. 2292, Acts of the 78th Legislature, Regular 
Session, 2003.
	SECTION 6.  This Act takes effect September 1, 2003, if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution. 
If this Act does not receive the vote necessary for effect on that 
date, this Act takes effect November 1, 2003.