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