78R1257 MCK-D
By: Delisi H.B. No. 1035
A BILL TO BE ENTITLED
AN ACT
relating to immunization of children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Sections 161.010 and 161.0105 to read as
follows:
Sec. 161.010. INCREASE IMMUNIZATION AWARENESS. (a) The
department shall 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) The department shall work with the Texas Education
Agency to increase immunization awareness and participation among
parents of preschool and school-age children by:
(1) jointly applying for federal funds for
immunization awareness and vaccination programs; and
(2) creating partnerships with public and private
health, service, and education organizations, including
parent-teacher associations, the United Way, schools, local
businesses, community-based organizations, chambers of commerce,
and athletic booster clubs, to increase awareness and participation
in the state's early childhood vaccination program.
Sec. 161.0105. LIMITATION ON LIABILITY. (a) 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. This subsection does not apply to criminal
liability established under Section 161.009.
(b) A person who administers a vaccination under a
department program may be held liable only to the extent the person
would be liable if the person administered the vaccination outside
the program. The person is not liable for damages arising from the
acts or omissions of another person acting under the program or the
department.
(c) The immunity created by this section is in addition to
any immunity created by Sections 161.001 and 161.007(g).
SECTION 2. Chapter 2056, Government Code, is amended by
adding Section 2056.0022 to read as follows:
Sec. 2056.0022. IMMUNIZATIONS AWARENESS. (a) Each state
agency that has contact with families in this state either in person
or by telephone, mail, or the Internet shall include in the agency's
strategic plan a strategy for increasing public awareness of the
need for early childhood immunizations.
(b) The Texas Department of Health shall identify the state
agencies to which this section applies and notify the agencies of
their duty under this section.
SECTION 3. This Act takes effect September 1, 2003.