This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSHB 2292 by adding the following appropriately
numbered SECTIONS to Article 2 of the bill and renumbering the
remaining SECTIONS of the bill as appropriate:
SECTION ____. Section 38.001, Education Code, is amended by
amending Subsection (c) and adding Subsection (f) 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 could [would] be injurious 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, where
the applicant's sibling had an adverse reaction to the
immunization, or because of a religious belief [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]; 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, where the person's
sibling had an adverse reaction to the immunization, or 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 ____. Section 51.933(d), Education Code, 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 could [would] be
injurious 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, where
the applicant's sibling had an adverse reaction to the
immunization, or because of a religious belief [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 ____. Section 161.004(d), Health and Safety Code,
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 states that the immunization is being declined for reasons
of conscience, where the child's sibling had an adverse reaction to
the immunization, or because of a religious belief [belongs]; or
(2) the immunization is medically contraindicated
based on the opinion of [an examination of the child by] a physician
licensed by any state in the United States who has examined the
child.
SECTION ____. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0041 to read as follows:
Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM. (a)
A person claiming an exemption from a required immunization based
on reasons of conscience, where the person's sibling had an adverse
reaction to the immunization, or because of 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. The department shall develop the
affidavit form.
(b) The affidavit form shall contain:
(1) a statement indicating that the person or, if a
minor, the person's parent, managing conservator, or guardian
understands the benefits and risks of immunizations and the
benefits and risks of not being immunized; and
(2) contact information for the department that may
be used to request that a child's name be included in the registry.
SECTION____. Section 42.043(d), Human Resources Code, 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 could [would] be injurious 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, where the child's sibling had an adverse
reaction to the immunization, or because of a religious belief
[conflicts with the tenets and practices of a recognized religious
organization of which the applicant is an adherent or a member].