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A BILL TO BE ENTITLED
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AN ACT
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relating to an immunization awareness program in certain school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Emily Lastinger Act. |
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SECTION 2. Section 38.001, Education Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (b-1) |
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to read as follows: |
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(b) Subject to Subsection (c), the Department of State |
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[Texas Board of] Health Services may modify or delete any of the |
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immunizations in Subsection (a) or may require immunizations |
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against additional diseases as a requirement for admission to any |
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elementary or secondary school. |
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(b-1) Each year, the Department of State Health Services |
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shall prepare a list of the immunizations required under this |
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section for admission to public schools and of any additional |
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immunizations the department recommends for school-age children. |
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The department shall make the list available in a manner that |
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permits a school district to easily post the list on the district's |
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Internet website as required by Section 38.019. |
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(d) The [Texas] Department of State Health Services shall |
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provide the required immunization to children in areas where no |
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local provision exists to provide those services. |
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(e) A person may be provisionally admitted to an elementary |
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or secondary school if the person has begun the required |
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immunizations and if the person continues to receive the necessary |
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immunizations as rapidly as is medically feasible. The [Texas] |
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Department of State Health Services shall adopt rules relating to |
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the provisional admission of persons to an elementary or secondary |
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school. |
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SECTION 3. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.019 to read as follows: |
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Sec. 38.019. IMMUNIZATION AWARENESS PROGRAM. (a) A school |
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district that maintains an Internet website shall post prominently |
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on the website a list of: |
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(1) the immunizations required for admission to public |
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school by rules of the Department of State Health Services adopted |
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under Section 38.001; |
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(2) any immunizations or vaccines recommended for |
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public school students by the Department of State Health Services |
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or the board of trustees of the district; and |
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(3) health clinics in the district that offer the |
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influenza vaccine, to the extent those clinics are known to the |
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district. |
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(b) The list of recommended immunizations or vaccines under |
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Subsection (a)(2) must include the influenza vaccine, unless the |
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Department of State Health Services requires the influenza vaccine |
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for admission to public school. |
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(c) A school district is not liable for an injury received |
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by a student because of the administration by a district employee or |
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volunteer of an immunization or vaccine that is required or |
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recommended for public school students. |
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SECTION 4. Section 38.019, Education Code, as added by this |
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Act, applies beginning with the 2007-2008 school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |