| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to immunization requirements for children. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 81.023, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 81.023. IMMUNIZATION. (a) The executive commissioner |
|
|
of the Health and Human Services Commission may recommend to the |
|
|
legislature immunizations that may be added to the list of required |
|
|
immunizations [board shall develop immunization requirements] for |
|
|
children under Section 161.004, Sections 38.001 and 51.933, |
|
|
Education Code, and Section 42.043, Human Resources Code. |
|
|
(b) Control measures imposed by the department or a local |
|
|
health authority under Section 81.082 during a public health |
|
|
disaster may require immunizations other than those listed in |
|
|
Section 161.004 only if the public health disaster occurs when the |
|
|
legislature is not in session. If the legislature is called to |
|
|
session during the disaster, the control measures requiring |
|
|
immunizations have no effect unless the legislature approves the |
|
|
control measures by joint resolution. |
|
|
(c) The executive commissioner of the Health and Human |
|
|
Services Commission [board] shall cooperate with the Department of |
|
|
Family and Protective [and Regulatory] Services in promoting |
|
|
[formulating and implementing] the immunization requirements for |
|
|
children admitted to child-care facilities. |
|
|
(d) [(c)] The executive commissioner of the Health and |
|
|
Human Services Commission [board] shall cooperate with the State |
|
|
Board of Education in promoting the [formulating and implementing] |
|
|
immunization requirements for students admitted to public or |
|
|
private primary or secondary schools. |
|
|
SECTION 2. Section 161.004(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Subsection (d), each [Every] child |
|
|
in the state shall be immunized against hepatitis B, diphtheria, |
|
|
tetanus, pertussis, influenza, haemophilus influenzae type b, |
|
|
pneumococcal disease, poliomyelitis, rubeola, mumps, rubella, |
|
|
varicella, hepatitis A, and meningococcal disease [vaccine
|
|
|
preventable diseases caused by infectious agents] in accordance |
|
|
with the [immunization] schedule adopted by the executive |
|
|
commissioner of the Health and Human Services Commission. The |
|
|
executive commissioner of the Health and Human Services Commission |
|
|
may not require immunizations against any additional diseases |
|
|
[board]. |
|
|
SECTION 3. Sections 38.001(a), (b), and (f), Education |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsection (c), each [Each] |
|
|
student shall be fully immunized against diphtheria, rubeola, |
|
|
rubella, mumps, tetanus, pertussis, varicella, hepatitis B, and |
|
|
poliomyelitis and, for students attending a school in a |
|
|
high-incidence geographic area as determined by the executive |
|
|
commissioner of the Health and Human Services Commission, hepatitis |
|
|
A[, except as provided by Subsection (c)]. |
|
|
(b) The executive commissioner of the Health and Human |
|
|
Services Commission [Subject to Subsection (c), the Texas Board of
|
|
|
Health] may not modify or delete any of the immunizations in |
|
|
Subsection (a) and [or] may not require immunizations against |
|
|
additional diseases as a requirement for admission to any |
|
|
elementary or secondary school. |
|
|
(f) A person who has not received the immunizations required |
|
|
by this section for reasons of conscience, including because of the |
|
|
person's religious beliefs, may be excluded from school in times of |
|
|
a public health disaster as defined by Section 81.003, Health and |
|
|
Safety Code [emergency or epidemic declared by the commissioner of
|
|
|
public health]. |
|
|
SECTION 4. Sections 51.933(b) and (e), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) The executive commissioner of the Health and Human |
|
|
Services Commission [Texas Board of Health] may not require |
|
|
immunizations against [the diseases listed in Subsection (a) and] |
|
|
additional diseases for students at any institution of higher |
|
|
education [who are pursuing a course of study in a human or animal
|
|
|
health profession, and the board may require those immunizations
|
|
|
for any students in times of an emergency or epidemic in a county
|
|
|
where the commissioner of public health has declared such an
|
|
|
emergency or epidemic]. |
|
|
(e) A person who has not received the immunizations required |
|
|
by this section for reasons of conscience, including because of the |
|
|
person's religious beliefs, may be excluded from school in times of |
|
|
a public health disaster as defined by Section 81.003, Health and |
|
|
Safety Code. [The exception provided by Subsection (d)(1)(B) does
|
|
|
not apply in a time of emergency or epidemic declared by the
|
|
|
commissioner of public health.] |
|
|
SECTION 5. Sections 42.043(b) and (c), Human Resources |
|
|
Code, are amended to read as follows: |
|
|
(b) Each [The department shall require that each] child at |
|
|
an appropriate age shall [have a test for tuberculosis and] be |
|
|
immunized against diphtheria, tetanus, pertussis, poliomyelitis, |
|
|
mumps, rubella, rubeola, haemophilus influenzae type b, hepatitis |
|
|
B, varicella, [invasive] pneumococcal disease, and hepatitis A [and
|
|
|
against any other communicable disease] as recommended by the |
|
|
Department of State Health Services. The immunization must be |
|
|
effective on the date of first entry into the facility. However, a |
|
|
child may be provisionally admitted if the required immunizations |
|
|
have begun and are completed as rapidly as medically feasible. |
|
|
(c) The executive commissioner of the Health and Human |
|
|
Services Commission [Texas Department of Health] shall make rules |
|
|
for the provisional admission of children to facilities regulated |
|
|
under this chapter. The executive commissioner of the Health and |
|
|
Human Services Commission [and] may not modify or delete any of the |
|
|
immunizations listed in Subsection (b) [of this section] or require |
|
|
additional immunizations as a requirement for admission to a |
|
|
facility. |
|
|
SECTION 6. 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, 2007. |