83R2985 AJZ-D
 
  By: Howard H.B. No. 771
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to information maintained in the immunization registry
  after an individual becomes an adult.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 161.007(a-1), (a-2), (b), and (e),
  Health and Safety Code, are amended to read as follows:
         (a-1)  The written or electronic consent required by
  Subsection (a)(3) for an individual younger than 18 years of age is
  required to be obtained only one time.  After consent is submitted,
  the individual's immunization information may be included in the
  registry [The consent is valid] until the individual becomes 26
  [18] years of age unless the consent is withdrawn in writing or
  electronically.  A parent, managing conservator, or guardian of a
  minor may provide the consent by using an electronic signature on
  the minor's birth certificate.
         (a-2)  An individual's legally authorized representative or
  the individual, after the individual has attained 18 years of age,
  may consent in writing or electronically for the individual's
  information to be included [remain] in the registry [after the
  individual's 18th birthday and for the individual's subsequent
  immunizations to be included in the registry].  The written or
  electronic consent of the minor's legally authorized
  representative as described by Section 161.0001(1-c)(A) must be
  submitted to the department before the individual's 18th birthday.  
  The written or electronic consent of the individual or the
  individual's legally authorized representative as described by
  Section 161.0001(1-c)(B) or (C) must be submitted to the department
  not later than the individual's 26th [19th] birthday.  The consent
  of the representative or individual is valid until the individual
  or the individual's legally authorized representative withdraws
  consent in writing or electronically.  The department may not
  include in the registry the immunization information of an
  individual who is 26 [18] years of age or older unless [until]
  written or electronic consent has been obtained from the individual
  or the individual's legally authorized representative as provided
  by this subsection.  The department shall coordinate with the Texas
  Education Agency to distribute materials described in Section
  161.0095(a)(2) to students and parents through local school
  districts.
         (b)  Except as provided by Section 161.0071, the
  immunization registry must contain information on the immunization
  history that is obtained by the department under:
               (1)  this section of each individual for whom consent
  has been obtained in accordance with guidelines adopted under
  Subsection (a) [or (a-3), as applicable];
               (2)  Section 161.00705 of persons immunized to prepare
  for or in response to a declared disaster, public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency;
               (3)  Section 161.00706 of first responders or their
  immediate family members; and
               (4)  Section 161.00735 of persons evacuated or
  relocated to this state because of a disaster.
         (e)  The department shall provide notice to a health care
  provider that submits an immunization history for an individual for
  whom consent cannot be verified.  The notice shall contain
  instructions for obtaining consent in accordance with guidelines
  adopted under Subsection [Subsections] (a) [and (a-3)] and
  resubmitting the immunization history to the department.
         SECTION 2.  Section 161.007(a-3), Health and Safety Code, is
  repealed.
         SECTION 3.  The changes in law made by this Act to Section
  161.007, Health and Safety Code, apply only to immunization
  information in the immunization registry of a person who turns 18
  years of age on or after the effective date of this Act. The
  immunization information in the immunization registry of a person
  who turns 18 years of age before the effective date of this Act is
  covered by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.