Amend CSHB 7 by adding the following appropriately numbered
ARTICLE to the bill and renumbering the remaining ARTICLES of the
bill as appropriate:
ARTICLE ____. IMMUNIZATIONS
SECTION __.01. Sections 38.001(c) and (f), Education Code,
as amended by Chapter 198, Acts of the 78th Legislature, Regular
Session, 2003, are 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 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 for reasons of conscience[,
including a religious belief]; or
(C) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
immunization conflicts with the tenets and practice of a recognized
church or religious denomination of which the applicant is an
adherent or member; or
(2) is a member of the armed forces of the United
States and is on active duty.
(f) A person who has not received the immunizations required
by this section for reasons of conscience or[, including] because
of the person's religious beliefs[,] may be excluded from school in
times of emergency or epidemic declared by the commissioner of
public health.
SECTION __.02. Section 51.933(d), Education Code, as amended
by Chapter 198, 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 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 for reasons of conscience[,
including a religious belief]; or
(C) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
immunization conflicts with the tenets and practice of a recognized
church or religious denomination of which the applicant is an
adherent or member; or
(2) is a member of the armed forces of the United
States and is on active duty.
SECTION __.03. Section 161.004(d), Health and Safety Code,
as amended by Chapter 198, 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) a parent, managing conservator, or guardian states
that the immunization is being declined for reasons of conscience[,
including a religious belief]; [or]
(2) the immunization is medically contraindicated
based on the opinion of a physician licensed by any state in the
United States who has examined the child; or
(3) the immunization conflicts with the tenets of an
organized religion to which a parent, managing conservator, or
guardian belongs.
SECTION __.04. Section 161.0041(a), Health and Safety Code,
as added by Chapter 198, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) A person claiming an exemption from a required
immunization based on reasons of conscience[, including a religious
belief,] under Section 161.004 of this code, Section 38.001 or
51.933, Education Code, or Section 42.043, Human Resources Code,
must complete an affidavit on a form provided by the department
stating the reason for the exemption.
SECTION __.05. Section 42.043(d), Human Resources Code, as
amended by Chapter 198, 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 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 for
reasons of conscience; or
(3) an affidavit signed by the child's parent or
guardian stating that the immunization conflicts with the tenets
and practice of a recognized religious organization of which the
applicant is an adherent or a member[, including a religious
belief].