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A BILL TO BE ENTITLED
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AN ACT
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relating to immunization requirements for children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.023, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.023. IMMUNIZATION. (a) The executive commissioner |
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of the Health and Human Services Commission may recommend to the |
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legislature immunizations that may be added to the list of required |
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immunizations [board shall develop immunization requirements] for |
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children under Section 161.004, Sections 38.001 and 51.933, |
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Education Code, and Section 42.043, Human Resources Code. |
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(b) Control measures imposed by the department or a local |
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health authority under Section 81.082 during a public health |
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disaster may require immunizations other than those listed in |
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Section 161.004 only if the public health disaster occurs when the |
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legislature is not in session. If the legislature is called to |
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session during the disaster, the control measures requiring |
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immunizations have no effect unless the legislature approves the |
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control measures by joint resolution. |
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(c) The executive commissioner of the Health and Human |
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Services Commission [board] shall cooperate with the Department of |
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Family and Protective [and Regulatory] Services in promoting |
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[formulating and implementing] the immunization requirements for |
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children admitted to child-care facilities. |
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(d) [(c)] The executive commissioner of the Health and |
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Human Services Commission [board] shall cooperate with the State |
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Board of Education in promoting the [formulating and implementing] |
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immunization requirements for students admitted to public or |
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private primary or secondary schools. |
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SECTION 2. Section 161.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (d), each [Every] child |
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in the state shall be immunized against hepatitis B, diphtheria, |
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tetanus, pertussis, influenza, haemophilus influenzae type b, |
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pneumococcal disease, poliomyelitis, rubeola, mumps, rubella, |
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varicella, hepatitis A, and meningococcal disease [vaccine
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preventable diseases caused by infectious agents] in accordance |
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with the [immunization] schedule adopted by the executive |
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commissioner of the Health and Human Services Commission. The |
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executive commissioner of the Health and Human Services Commission |
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may not require immunizations against any additional diseases |
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[board]. |
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SECTION 3. Section 38.001, Education Code, as amended by |
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Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read as follows: |
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Sec. 38.001. IMMUNIZATION; REQUIREMENTS; EXCEPTIONS. (a) |
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Except as provided by Subsection (c), each [Each] student shall be |
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fully immunized against diphtheria, rubeola, rubella, mumps, |
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tetanus, pertussis, varicella, hepatitis B, and poliomyelitis and, |
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for students attending a school in a high-incidence geographic area |
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as determined by the executive commissioner of the Health and Human |
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Services Commission, hepatitis A [, except as provided by
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Subsection (c)]. |
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(b) The [Subject to Subsections (b-1) and (c), the] |
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executive commissioner of the Health and Human Services Commission |
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may not modify or delete any of the immunizations in Subsection (a) |
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and [or] may not require immunizations against additional diseases |
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as a requirement for admission to any elementary or secondary |
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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 prepare the list in English and Spanish and |
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make the list available in a manner that permits a school district |
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to easily post the list on the district's Internet website as |
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required by Section 38.019. |
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(b-2) [(b-1)] Immunization against human papillomavirus is |
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not required for a person's admission to any elementary or |
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secondary school; however, by using existing resources, the Health |
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and Human Services Commission shall provide educational material |
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about the human papillomavirus vaccine that is unbiased, medically |
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and scientifically accurate, and peer reviewed, available to |
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parents or legal guardians at the appropriate time in the |
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immunization schedule by the appropriate school. This subsection |
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preempts any contrary executive order issued by the governor. This |
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subsection expires January 11, 2013 [2011]. |
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(c) Immunization is not required for a person's admission to |
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any elementary or secondary school if the person applying for |
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admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States, in which it is stated that, in the physician's |
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opinion, the immunization required poses a significant risk to the |
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health and well-being of the applicant or any member of the |
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applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for reasons of conscience, |
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including a religious belief; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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(c-1) An affidavit submitted under Section (c)(1)(B) must |
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be on a form described by Section 161.0041, Health and Safety Code, |
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and must be submitted to the admitting official not later than the |
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90th day after the date the affidavit is notarized. |
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(d) The Department of State Health Services shall provide |
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the required immunization to children in areas where no local |
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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 Department |
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of State Health Services shall adopt rules relating to the |
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provisional admission of persons to an elementary or secondary |
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school. |
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(f) A person who has not received the immunizations required |
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by this section for reasons of conscience, including because of the |
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person's religious beliefs, may be excluded from school in times of |
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a public health disaster as defined by Section 81.003, Health and |
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Safety Code [emergency or epidemic declared by the commissioner of
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public health]. |
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SECTION 4. Sections 51.933(b) and (e), Education Code, are |
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amended to read as follows: |
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(b) The executive commissioner of the Health and Human |
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Services Commission [Texas Board of Health] may not require |
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immunizations against [the diseases listed in Subsection (a) and] |
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additional diseases for students at any institution of higher |
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education [who are pursuing a course of study in a human or animal
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health profession, and the board may require those immunizations
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for any students in times of an emergency or epidemic in a county
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where the commissioner of public health has declared such an
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emergency or epidemic]. |
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(e) A person who has not received the immunizations required |
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by this section for reasons of conscience, including because of the |
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person's religious beliefs, may be excluded from school in times of |
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a public health disaster as defined by Section 81.003, Health and |
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Safety Code. [The exception provided by Subsection (d)(1)(B) does
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not apply in a time of emergency or epidemic declared by the
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commissioner of public health.] |
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SECTION 5. Sections 42.043(a), (b), and (c), Human |
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Resources Code, are amended to read as follows: |
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(a) The executive commissioner of the Health and Human |
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Services Commission [department] shall make rules for the |
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immunization of children in facilities regulated under this |
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chapter. |
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(b) Each [The department shall require that each] child at |
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an appropriate age shall [have a test for tuberculosis and] be |
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immunized against diphtheria, tetanus, pertussis, poliomyelitis, |
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mumps, rubella, rubeola, haemophilus influenzae type b, hepatitis |
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B, varicella, [invasive] pneumococcal disease, and hepatitis A [and
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against any other communicable disease] as recommended by the |
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Department of State Health Services. The immunization must be |
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effective on the date of first entry into the facility. However, a |
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child may be provisionally admitted if the required immunizations |
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have begun and are completed as rapidly as medically feasible. |
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(c) The executive commissioner of the Health and Human |
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Services Commission [Texas Department of Health] shall make rules |
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for the provisional admission of children to facilities regulated |
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under this chapter. The executive commissioner of the Health and |
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Human Services Commission [and] may not modify or delete any of the |
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immunizations listed in Subsection (b) [of this section] or require |
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additional immunizations as a requirement for admission to a |
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facility. |
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SECTION 6. 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, 2009. |