By:  Zaffirini                                                            S.B. No. 28



A BILL TO BE ENTITLED

AN ACT

relating to the collection and maintenance of bacterial meningitis 
immunization records by public institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.9192 to read as follows:
	Sec. 51.9192.  BACTERIAL MENINGITIS IMMUNIZATION 
RECORDS.  (a)  In this section:
		(1)  "Institution of higher education" has the meaning 
assigned by Section 61.003.
		(2)  "New student" means a first-time student of an 
institution of higher education and includes a student who 
transfers to the institution from another institution.
	(b)  The Texas Higher Education Coordinating Board, in 
consultation with the Texas Department of Health, shall prescribe 
procedures by which each institution of higher education shall 
request and make reasonable efforts to obtain from each new student 
of the institution:
		(1)  the following information:                                        
			(A)  whether the student has been immunized 
against bacterial meningitis;
			(B)  when the student received the immunization, 
if any; and        
			(C)  the name and address of the health care 
provider that administered the immunization, if any; and
		(2)  the student's written consent to the release of the 
student's confidential immunization information as described by 
Subsection (e).
	(c)  An institution of higher education that administers a 
bacterial meningitis immunization to a student shall maintain a 
record of the student's immunization and shall request the 
student's written consent to the release of the student's 
confidential immunization information as described by Subsection 
(e).
	(d)  Each institution of higher education shall retain a 
record of information collected and a copy of the consent form 
obtained under Subsection (b) or (c) for not less than 10 years 
after the student first enrolls at the institution.
	(e)  A student's bacterial meningitis immunization 
information collected and maintained by an institution of higher 
education under this section is confidential.  An institution, on 
written consent of the student, may release the information only 
to:
		(1)  a public health district;                                         
		(2)  a local health department; or                                     
		(3)  a physician designated by the student.                            
	SECTION 2.  This Act applies only to new students enrolling 
in public institutions of higher education in this state on or after 
January 1, 2004, and to students at those institutions who are 
immunized against bacterial meningitis by those institutions on or 
after that date.
	SECTION 3.  This Act takes effect immediately 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 immediate effect, this 
Act takes effect September 1, 2003.