BILL ANALYSIS
Senate Research Center H.B. 1098
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under Executive Order RP65 (February 2, 2007), Governor Perry mandated that all female children be vaccinated against human papillomavirus (HPV) prior to admission to the sixth grade with provisions for a parent to opt out. There is only one vaccine currently available on the market to meet this mandate and its effectiveness and long-term effects remain unclear. While this order brings much-needed focus to a serious infection, some believe such a vaccine requirement is premature and potentially puts at risk the health and safety of young girls.
H.B. 1098 prohibits the HPV immunization from being a condition for admission to any elementary or secondary school and preempts all contrary executive orders.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 38.001, Education Code, by amending Subsection (b) and adding Subsection (b-1), as follows:
(b) Authorizes the executive commissioner of the Health and Human Services Commission, rather than the Texas Board of Health, to modify, delete, or require certain immunizations for admission to any elementary or secondary school, subject to Subsections (b-1) and (c) (relating to certain persons for which specific immunizations are not required upon admission to an elementary or secondary school), rather than just Subsection (c).
(b-1) Provides that immunization against the human papillomavirus is not required for a person's admission to any elementary or secondary school. Requires educational material about the human papillomavirus vaccine that is unbiased, medically and scientifically accurate, and peer reviewed to be distributed to each parent or legal guardian at the appropriate time in the immunization schedule by the appropriate school. Provides that this subsection preempts all contrary executive orders of the governor.
SECTION 2. Effective date: upon passage or September 1, 2007.