By: Coleman H.B. No. 3183
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain children receive the
influenza vaccine.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 38.001(a), Education Code, is amended to
read as follows:
       (a)  Each student shall be fully immunized against
diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis,
except as provided by Subsection (c).  Each student through 59
months of age shall be immunized against influenza between
September 1 and December 31 of each year, except as provided by
Subsection (c).
       SECTION 2.  Section 161.0101, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
       (c)  The department shall increase awareness and
participation in the state's early childhood vaccination by
publishing information on its web site to educate parents of
children in day-care facilities, as defined by Human Resources Code
Section 42.002, about the benefits of annual vaccinations against
influenza for children six months to 59 months of age.  the
department shall work with the Department of Human Services and
day-care facilities to ensure the information is distributed to
parents in August and September of each year.
       SECTION 3.  Section 42.043, Human resources Code, is amended
by adding Subsection (b-1) to read as follows:
       (b-1)  The department shall make rules for the immunization
of children in day-care facilities regulated under this chapter.  
the department shall require that each shild who is six months of
age to 59 months of age entering or attending a day-care facility on
or after September 1, 2007, shall annualy receive the influenza
vaccine between September 1 and December 31 of each year.  No
immunization may be required for attendance at a day-care facility
if a person submits an affidavit in accordance with Subsections (d)
and (d-1).
       SECTION 4.  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.