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A BILL TO BE ENTITLED
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AN ACT
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relating to the affidavit form provided by the Department of State |
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Health Services for certain immunization exemptions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001, Education Code, is amended by |
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adding Subsection (c-2) to read as follows: |
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(c-2) Notwithstanding this section, an elementary or |
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secondary school may not deny admission to a student who fails to |
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obtain the immunizations required under this section or to submit |
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the affidavit described by Subsection (c)(1)(B) if the student or |
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the student's parent or guardian provides to the school's admitting |
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official documentation evidencing that a request to obtain the |
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affidavit has been submitted to the Department of State Health |
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Services under Section 161.0041, Health and Safety Code. |
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SECTION 2. Section 51.9192, Education Code, is amended by |
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adding Subsection (d-7) to read as follows: |
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(d-7) Subsection (c) does not apply to a student who fails |
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to obtain a bacterial meningitis vaccination dose or booster or to |
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submit the affidavit described by Subsection (d)(2) if the student |
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or the student's parent or guardian provides to the institution |
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documentation evidencing that a request to obtain the affidavit has |
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been submitted to the Department of State Health Services under |
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Section 161.0041, Health and Safety Code. |
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SECTION 3. Section 51.933, Education Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) Notwithstanding this section, an institution of |
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higher education may not deny admission to a person who fails to |
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obtain an immunization required by this section or to submit the |
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affidavit described by Subsection (d)(1)(B) if the person or the |
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person's parent or guardian provides to the institution's admitting |
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official documentation evidencing that a request to obtain the |
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affidavit has been submitted to the Department of State Health |
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Services under Section 161.0041, Health and Safety Code. |
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SECTION 4. Section 161.0041, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsection (c-1) to |
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read as follows: |
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(c) A person claiming an exemption from a required |
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immunization under this section may only obtain the affidavit form |
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by submitting a [written] request for the affidavit form to the |
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department. The department shall allow a person to electronically |
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submit a request for the affidavit form through the department's |
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Internet website. |
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(c-1) The department shall develop and provide to each |
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person who submits a request for the affidavit form a standardized |
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receipt confirming submission of the request, regardless of whether |
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the request was submitted electronically, in person, or by mail or |
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fax. |
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SECTION 5. Section 42.043, Human Resources Code, is amended |
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by adding Subsection (d-2) to read as follows: |
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(d-2) Notwithstanding this section, a facility regulated |
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under this chapter may not deny admission to a child who fails to |
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obtain the immunizations required under this section or to submit |
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the affidavit described by Subsection (d)(2) if the child's parent |
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or guardian provides to the facility documentation evidencing that |
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a request to obtain the affidavit has been submitted to the |
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Department of State Health Services under Section 161.0041, Health |
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and Safety Code. |
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SECTION 6. 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, 2023. |