By: Sheffield, Zerwas, Miller of Fort Bend, H.B. No. 2474

Blanco, Simmons, et al.

A BILL TO BE ENTITLED

AN ACT

rela ting to requirements for and the transparency of epidemiological reports and immunization exemption information and reports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.047, Health and Safety Code, is amended to read as follows:

Sec. 81.047. EPIDEMIOLOGICAL REPORTS. (a) Subject to the confidentiality requirements of this chapter, the department shall require epidemiological reports of disease outbreaks and of individual cases of disease suspected or known to be of importance to the public health, including vaccine preventable diseases. The department shall evaluate the reports to determine the trends involved and the nature and magnitude of the hazards.

(b) The department shall prepare and submit to the legislature and the governor not later than December 1 of each even-numbered year a biennial report that contains:

(1) a report of outbreaks of vaccine preventable diseases in this state; and

(2) de-identified immunization exemption information, including the number of persons claiming an exemption from the immunization requirements of Section 161.004 of this code, Sections 38.001, 51.9192, and 51.933, Education Code, and Section 42.043, Human Resources Code.

SECTION 2. Section 38.002, Education Code, is amended by amending Subsections (a) and (c) and adding Subsections (d), (e), and (f) to read as follows:

(a) Each public school shall keep an individual immunization record during the period of attendance for each student admitted. The records shall be open for inspection at all reasonable times by the Texas Education Agency or by representatives of local health departments or the [Texas] Department of State Health Services.

(c) The Texas Education Agency and the [Texas] Department of State Health Services shall develop the form for a required annual report of the immunization status of students that includes de-identified immunization exemption information. The report shall be submitted by all schools at the time and in the manner indicated in the instructions printed on the form.

(d) Each school district shall provide to the Department of State Health Services the information required by Subsection (c) for the district as a whole and for each school campus in the district.

(e) The Department of State Health Services shall make available to the public in electronic form, on the department's Internet website, the required annual report of the immunization status of students for each school district and for each school campus, submitted under Subsection (c).

(f) On request of a student's parent or legal guardian, a school district or school campus shall provide to the parent or guardian a copy of the following information for the campus at which the student is enrolled:

(1) the immunization rate disaggregated by type of vaccine; and

(2) the information submitted under Subsection (c), including:

(A) de-identified immunization exemption information;

(B) the number of students provisionally enrolled pending documentation of immunization;

(C) the number of students claiming an exemption for reasons of conscience, including a religious belief;

(D) the number of students claiming an exemption for a medical reason; and

(E) the number of students whose vaccinations are not current.

SECTION 3. As soon as practicable after the effective date of this Act, the Texas Education Agency shall update the form required by Section 38.002(c), Education Code, as amended by this Act, to comply with that section and Section 38.002(d), Education Code, as added by this Act.

SECTION 4. This Act applies beginning with the 2015-2016 school year.

SECTION 5. 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, 2015.