SRC-TJG S.B. 486 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 486
78R1257 MCK-DBy: Zaffirini
Health & Human Services
3/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas ranks poorly in relation to other states in its rate of
early childhood immunization.  The Texas Department of Health (TDH) has
attributed poor parental education and concerns from private health care
professionals about increased liability associated with the participation
in public immunization programs as factors related to the state's poor
immunization rates.   As proposed, S.B. 486 requires TDH and the Texas
Education Agency to work together to increase immunization awareness and
participation among parents of preschool and school age children.  This
legislation also allows private providers to participate in early
childhood immunization programs without fear of increased liability. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161A, Health and Safety Code, by adding
Sections 161.010 and 161.0105, as follows: 

Sec. 161.010.  INCREASE IMMUNIZATION AWARENESS.  (a) Requires the Texas
Department of Health (TDH) to develop new public-private partnerships and
work with existing public-private partnership programs, including the
Seniors and Volunteers Program for Childhood Immunization, to increase
public and private awareness of and support for early childhood
immunizations.   

(b) Requires TDH to work with the Texas Education Agency (TEA) to increase
immunization awareness and participation among parents of preschool and
school-aged children by performing certain actions relating to applying
for federal funds and creating partnerships between certain public and
private entities. 

Sec. 161.0105.  LIMITATION ON LIABILITY.  (a) Provides that a health care
provider who acts in compliance with Sections 161.007 and 161.008 and any
rules adopted under those sections is not civilly or criminally liable for
furnishing the information required under those sections.  Provides that
this subsection does not apply to criminal liability established under
Section 161.009. 

(b) Prohibits a person who administers a vaccination under a TDH program
from being held liable only to the extent the person would be liable if
the person administered the vaccination outside the program.  Provides
that the person is not liable for damages arising from the acts or
ommissions of another person acting under the program or TDH. 

(c) Provides that the immunity created by this section is in addition to
any immunity  created by Sections 161.001 and 161.007(g). 

SECTION 2.  Amends Chapter 2056, Government Code, by adding Section
2056.0022, as follows: 

Sec. 2056.0022.  IMMUNIZATIONS AWARENESS.  (a) Requires each state agency
that has contact with families in this state either in person or by
telephone, mail, or the Internet to include in the agency's strategic plan
a strategy for increasing public awareness of the need for early childhood
immunizations. 

(b) Requires the TDH to identify the state agencies to which this sections
applies and notify the agencies of their duty under this section. 

SECTION 3.  Effective date: September 1, 2003.