86R6968 LED-D
 
  By: Krause H.B. No. 1490
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to claiming an exemption from required immunizations for
  public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 161.0041(d) and (e), Health and Safety
  Code, are amended to read as follows:
         (d)  The department shall develop a blank affidavit form to
  be used by a person claiming an exemption from a required
  immunization and make that form available on the department's
  Internet website and in all public schools [that contains a seal or
  other security device to prevent reproduction of the form]. The
  affidavit form shall contain a statement indicating that the person
  or, if a minor, the person's parent, managing conservator, or
  guardian understands the benefits and risks of immunizations and
  the benefits and risks of not being immunized.
         (e)  [The department shall maintain a record of the total
  number of affidavit forms sent out each year and shall report that
  information to the legislature each year.] The department may not
  maintain a record of the number of affidavit forms submitted or the
  names of individuals who submit [request] an affidavit form under
  this section.
         SECTION 2.  Section 161.0041(c), Health and Safety Code, is
  repealed.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall modify
  the existing affidavit form required by Section 161.0041, Health
  and Safety Code, as amended by this Act.
         SECTION 4.  This Act applies beginning with the 2019-2020
  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, 2019.