|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the vaccination against bacterial meningitis of certain |
|
first-time students at public and private or independent |
|
institutions of higher education. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. This Act shall be known as the Jamie Schanbaum |
|
Act. |
|
SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
|
amended by adding Section 51.9192 to read as follows: |
|
Sec. 51.9192. BACTERIAL MENINGITIS VACCINATION REQUIRED |
|
FOR CERTAIN STUDENTS; EXCEPTIONS. (a) In this section: |
|
(1) "Health practitioner" means any person authorized |
|
by law to administer an immunization. |
|
(2) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003. |
|
(b) This section applies only to a first-time student of an |
|
institution of higher education or private or independent |
|
institution of higher education, including a transfer student, who |
|
resides in, or has applied for on-campus housing and been approved |
|
to reside in, an on-campus dormitory or other on-campus student |
|
housing facility at the institution. |
|
(c) Except as provided by Subsection (d), a student to whom |
|
this section applies or a parent or guardian of the student must |
|
provide to the institution, at the time and in the manner prescribed |
|
by rules adopted by the Texas Higher Education Coordinating Board, |
|
a certificate signed by a health practitioner evidencing that the |
|
student has been vaccinated against bacterial meningitis. |
|
(d) A student to whom this section applies or a parent or |
|
guardian of the student is not required to comply with Subsection |
|
(c) if the student or a parent or guardian of the student submits to |
|
the institution: |
|
(1) an affidavit or a certificate signed by a |
|
physician who is duly registered and licensed to practice medicine |
|
in the United States in which it is stated that, in the physician's |
|
opinion, the vaccination required would be injurious to the health |
|
and well-being of the student; or |
|
(2) an affidavit signed by the student stating that |
|
the student declines the vaccination for bacterial meningitis for |
|
reasons of conscience, including a religious belief, except that |
|
the exemption provided by this subdivision does not apply during a |
|
disaster or public health emergency, terrorist attack, hostile |
|
military or paramilitary action, or extraordinary law enforcement |
|
emergency declared by an appropriate official or other authority |
|
and in effect for the location of the institution the student |
|
attends. |
|
(e) The Texas Higher Education Coordinating Board, in |
|
consultation with institutions of higher education and private or |
|
independent institutions of higher education, shall adopt rules for |
|
the administration of this section, including rules establishing |
|
the date by which a student who is required to comply with |
|
Subsection (c) must have received the vaccination required by that |
|
subsection, which may not be later than the date the student |
|
initially moves into an on-campus dormitory or other on-campus |
|
student housing facility at an institution. |
|
SECTION 3. Section 51.9192, Education Code, as added by |
|
this Act, applies only to first-time students enrolling in public |
|
or private or independent institutions of higher education in this |
|
state on or after January 1, 2010. |
|
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, 2009. |