| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to exemptions from immunization requirements for public |
|
|
school students and students at public institutions of higher |
|
|
education. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 38.001(c) and (f), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) Immunization is not required for a person's admission to |
|
|
any elementary or secondary school if the person applying for |
|
|
admission: |
|
|
(1) submits to the admitting official: |
|
|
(A) 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 immunization required poses a significant risk to the |
|
|
health and well-being of the applicant or any member of the |
|
|
applicant's family or household; or |
|
|
(B) an affidavit signed by the applicant or, if a |
|
|
minor, by the applicant's parent or guardian stating that the |
|
|
applicant declines immunization for a specified and verifiable |
|
|
religious-based reason and that the immunization conflicts with the |
|
|
tenets and practices of a recognized church or religious |
|
|
denomination of which the applicant is an adherent or member |
|
|
[reasons of conscience, including a religious belief]; or |
|
|
(2) is a member of the armed forces of the United |
|
|
States and is on active duty. |
|
|
(f) A person who has not received the immunizations required |
|
|
by this section [for reasons of conscience, including] because of |
|
|
the person's specified and verifiable religious-based reason |
|
|
[religious beliefs,] may be excluded from school in times of |
|
|
emergency or epidemic declared by the commissioner of public |
|
|
health. |
|
|
SECTION 2. Section 51.9192, Education Code, is amended by |
|
|
amending Subsections (c), (d), (d-1), (d-2), (d-3), (d-4), and |
|
|
(d-6) and adding Subsection (c-1) to read as follows: |
|
|
(c) Except as provided by Subsection (c-1) or (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 |
|
|
or an official immunization record evidencing that the student has |
|
|
received a bacterial meningitis vaccination dose or booster during |
|
|
the five-year period preceding the date established by the |
|
|
coordinating board under Subsection (e). |
|
|
(c-1) A student to whom this section applies who is an |
|
|
entering student at an institution of higher education, 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 |
|
|
a specified and verifiable religious-based reason and that the |
|
|
immunization conflicts with the tenets and practices of a |
|
|
recognized church or religious denomination of which the student is |
|
|
an adherent or member or confirmation that the student has |
|
|
completed the Internet-based process described by Subsection (d-3) |
|
|
for declining the vaccination on that basis, if applicable to the |
|
|
student. |
|
|
(d) A student to whom this section applies who is an |
|
|
entering student at a private or independent institution of higher |
|
|
education, 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 [, or
|
|
|
confirmation that the student has completed the Internet-based
|
|
|
process described by Subsection (d-3) for declining the vaccination
|
|
|
on that basis, if applicable to the student]. |
|
|
(d-1) The exemptions [exemption] provided by Subsection |
|
|
(c-1)(2) and (d)(2) do [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. |
|
|
(d-2) An affidavit submitted under Subsection (c-1)(2) or |
|
|
(d)(2) must be: |
|
|
(1) on a form described by Section 161.0041, Health |
|
|
and Safety Code; and |
|
|
(2) submitted to the appropriate admitting official |
|
|
not later than the 90th day after the date the affidavit is |
|
|
notarized. |
|
|
(d-3) The Department of State Health Services shall develop |
|
|
and implement a secure, Internet-based process to be used |
|
|
exclusively at those public junior colleges that elect to use the |
|
|
process to allow an entering student to apply online for an |
|
|
exemption from the vaccination requirement under this section for a |
|
|
religious-based reason described by Subsection (c-1)(2) [reasons
|
|
|
of conscience]. The online process portal must be designed to |
|
|
ensure that duplicate exemption requests are avoided to the |
|
|
greatest extent possible. The exemption form used by a student to |
|
|
claim an exemption under the process must contain a statement |
|
|
indicating that the student understands the benefits and risks of |
|
|
the immunization and the benefits and risks of not receiving the |
|
|
immunization. |
|
|
(d-4) A public junior college may require an entering |
|
|
student to use the Internet-based process under Subsection (d-3) as |
|
|
the exclusive method to apply for an exemption from the vaccination |
|
|
required under this section for a religious-based reason described |
|
|
by Subsection (c-1)(2) [reasons of conscience]. |
|
|
(d-6) An institution of higher education or private or |
|
|
independent institution of higher education shall provide, with the |
|
|
registration materials that the institution provides to a student |
|
|
to whom this section applies before the student's initial |
|
|
enrollment in the institution, written notice of the right of the |
|
|
student or of a parent or guardian of the student to claim an |
|
|
exemption from the vaccination requirement in the manner prescribed |
|
|
by Subsection (c-1) or (d), as applicable to the institution, and of |
|
|
the importance of consulting a physician about the need for |
|
|
immunization to prevent the disease. |
|
|
SECTION 3. Section 51.933(d), Education Code, is amended to |
|
|
read as follows: |
|
|
(d) No form of immunization is required for a person's |
|
|
admission to an institution of higher education if the person |
|
|
applying for admission: |
|
|
(1) submits to the admitting official: |
|
|
(A) an affidavit or a certificate signed by a |
|
|
physician who is duly registered and licensed to practice medicine |
|
|
within the United States in which it is stated that, in the |
|
|
physician's opinion, the immunization required poses a significant |
|
|
risk to the health and well-being of the applicant or any member of |
|
|
the applicant's family or household; or |
|
|
(B) an affidavit signed by the applicant or, if a |
|
|
minor, by the applicant's parent or guardian stating that the |
|
|
applicant declines immunization for a specified and verifiable |
|
|
religious-based reason and that the immunization conflicts with the |
|
|
tenets and practices of a recognized church or religious |
|
|
denomination of which the student is an adherent or member [reasons
|
|
|
of conscience, including a religious belief]; or |
|
|
(2) is a member of the armed forces of the United |
|
|
States and is on active duty. |
|
|
SECTION 4. Section 161.004, Health and Safety Code, is |
|
|
amended by adding Subsection (d-1) to read as follows: |
|
|
(d-1) Subsection (d) does not authorize an exemption based |
|
|
on conscience for a student subject to Section 38.001, |
|
|
51.9192(c-1), or 51.933, Education Code. |
|
|
SECTION 5. Section 161.0041, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) A person claiming an exemption from a required |
|
|
immunization [based on reasons of conscience, including a religious
|
|
|
belief, under Section 161.004 of this code, Section 38.001,
|
|
|
51.9192, or 51.933, Education Code, or Section 42.043, Human
|
|
|
Resources Code,] must complete an affidavit on a form provided by |
|
|
the department stating the [reason for the] exemption is based on: |
|
|
(1) reasons of conscience, including a religious |
|
|
belief, under Section 161.004 of this code, Section 51.9192(d)(2), |
|
|
Education Code, or Section 42.043, Human Resources Code; or |
|
|
(2) a specified and verifiable religious-based reason |
|
|
under Section 38.001, 51.9192(c-1)(2), or 51.933, Education Code. |
|
|
(a-1) Subsection (a) [This subsection] does not apply to a |
|
|
person claiming an [the] exemption using the Internet-based process |
|
|
under Section 51.9192(d-3), Education Code. |
|
|
SECTION 6. The changes in law made by this Act to Section |
|
|
38.001, Education Code, relating to public school students apply |
|
|
beginning with the 2015-2016 school year. |
|
|
SECTION 7. The changes in law made by this Act to Sections |
|
|
51.9192 and 51.933, Education Code, apply only to entering students |
|
|
enrolling in public institutions of higher education in this state |
|
|
beginning with the 2015 fall semester. |
|
|
SECTION 8. 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. |