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AN ACT
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relating to the vaccination against bacterial meningitis of |
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entering students at public and private or independent institutions |
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of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Jamie Schanbaum |
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and Nicolis Williams Act. |
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SECTION 2. Section 51.9192, Education Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsection (d-1) |
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to read as follows: |
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(b) This section applies only to an entering student at [a
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first-time student of] an institution of higher education or |
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private or independent institution of higher education. This |
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section does not apply to a student of an institution who is |
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enrolled only in online or other distance education courses or who |
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is 30 years of age or older. For purposes of this subsection, |
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"entering student" includes: |
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(1) a new student, as defined by Section 51.9191; and |
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(2) a student who previously attended an institution |
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of higher education or private or independent institution of higher |
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education before January 1, 2012, and who is enrolling in the same |
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or another institution of higher education or private or |
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independent institution of higher education following a break in |
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enrollment of at least one fall or spring semester[, including a
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transfer student, who resides in, or has applied for on-campus
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housing and been approved to reside in, an on-campus dormitory or
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other on-campus student 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 or an official |
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immunization record evidencing that the student has received a |
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[been vaccinated against] bacterial meningitis vaccination dose or |
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booster during the five-year period preceding the date established |
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by the coordinating board under Subsection (e). |
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(d-1) An institution of higher education or private or |
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independent institution of higher education shall provide, with the |
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registration materials that the institution provides to a student |
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to whom this section applies before the student's initial |
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enrollment in the institution, written notice of the right of the |
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student or of a parent or guardian of the student to claim an |
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exemption from the vaccination requirement in the manner prescribed |
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by Subsection (d) and of the importance of consulting a physician |
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about the need for immunization to prevent the disease. |
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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 10th day before the |
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first day of the semester or other term in which the student |
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initially enrolls unless the student is granted an extension by the |
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institution as provided by the rules adopted under this subsection. |
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The rules must authorize an institution of higher education or |
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private or independent institution of higher education to extend |
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the compliance date for an individual student to a date that is not |
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later than the 10th day after the first day of the semester or other |
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term in which the student initially enrolls [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 3. The changes in law made by this Act to Section |
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51.9192, Education Code, apply only to entering students enrolling |
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in public or private or independent institutions of higher |
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education in this state on or after January 1, 2012. |
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SECTION 4. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1107 passed the Senate on |
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April 29, 2011, by the following vote: Yeas 29, Nays 2; and that |
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the Senate concurred in House amendment on May 11, 2011, by the |
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following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1107 passed the House, with |
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amendment, on May 6, 2011, by the following vote: Yeas 122, |
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Nays 14, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |