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A BILL TO BE ENTITLED
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AN ACT
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relating to claiming an exemption from required immunizations for |
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school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.0041(c), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(c) The department shall develop a blank affidavit form to |
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be used by a person claiming an exemption from a required |
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immunization under this section and make the affidavit form |
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available in a printable format on the department's Internet |
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website and in all school nurse offices. A person claiming an |
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exemption from a required immunization [under this section] may |
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also [only] obtain the affidavit form by submitting a written |
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request for the affidavit form to the department. A person may not |
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be required to provide any information to obtain a blank affidavit |
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form under this subsection. |
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(d) [The department shall develop a blank affidavit form |
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that contains a seal or other security device to prevent |
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reproduction of the form.] The affidavit form shall contain a |
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statement indicating that the person or, if a minor, the person's |
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parent, managing conservator, or guardian understands the benefits |
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and risks of immunizations and the benefits and risks of not being |
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immunized. |
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(e) The department may [shall] maintain a record of the |
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total number of times an affidavit form was accessed on the |
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department's Internet website or requested under Subsection (c) |
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[forms sent out each year and shall report that information to the |
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legislature each year]. The department may not maintain a record of |
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the names of individuals who download, access, request, or submit |
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an affidavit form under this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall modify |
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the existing affidavit form required by Section 161.0041, Health |
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and Safety Code, as amended by this Act. |
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SECTION 3. This Act applies beginning with the 2021-2022 |
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school year. |
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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, 2021. |