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A BILL TO BE ENTITLED
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AN ACT
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relating to immunization requirements and documentation, including |
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adverse event tracking following the administration of vaccines and |
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booster doses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.001(a) and (b-1), Education Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (c), each [Each] |
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student shall be fully immunized against the diseases listed in |
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Section 161.004, Health and Safety Code [diphtheria, rubeola, |
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rubella, mumps, tetanus, and poliomyelitis, except as provided by |
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Subsection (c)]. |
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(b-1) Each year, the Department of State Health Services |
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shall prepare a list of the immunizations required [under this |
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section] for admission to public schools [and of any additional |
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immunizations the department recommends for school-age children]. |
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The department shall prepare the list in English and Spanish and |
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make the list available in a manner that permits a school district |
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to easily post the list on the district's Internet website as |
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required by Section 38.019. |
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SECTION 2. Section 38.019(a), Education Code, is amended to |
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read as follows: |
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(a) A school district that maintains an Internet website |
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shall post prominently on the website: |
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(1) a list, in English and Spanish, of: |
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(A) the immunizations required for admission to |
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public school in accordance with [by rules of the Department of |
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State Health Services adopted under] Section 38.001; and |
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(B) [any immunizations or vaccines recommended |
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for public school students by the Department of State Health |
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Services; and |
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[(C)] health clinics in the district that offer |
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the influenza vaccine, to the extent those clinics are known to the |
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district; and |
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(2) a link to the page on the Department of State |
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Health Services Internet website that provides [where a person may |
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obtain] information relating to the procedures for claiming an |
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exemption from the immunization requirements of Section 38.001. |
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SECTION 3. Sections 51.933(b) and (b-1), Education Code, |
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are amended to read as follows: |
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(b) The executive commissioner of the Health and Human |
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Services Commission may require a student at an institution of |
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higher education who is pursing a course of study in a human or |
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animal health profession to be immunized [immunizations] against |
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the diseases listed in Subsection (a) and against hepatitis B, |
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measles, rabies, and varicella, as applicable. The [additional |
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diseases for students at any institution of higher education who |
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are pursuing a course of study in a human or animal health |
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profession, and the] executive commissioner may require those |
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immunizations for any students in times of an emergency or epidemic |
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in a county where the commissioner of state health services has |
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declared such an emergency or epidemic. |
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(b-1) A requirement [rule adopted] under Subsection (b) for |
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[that requires] a student to be immunized against hepatitis B |
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[vaccination for students] may apply only to students enrolled in a |
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course of study that involves potential exposure to human or animal |
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blood or bodily fluids. |
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SECTION 4. Sections 81.023(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The executive commissioner may recommend to the |
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legislature immunizations to include on the list of immunizations |
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required [department shall develop immunization requirements] for |
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children under Section 161.004. |
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(c) The department shall cooperate with the State Board of |
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Education in [formulating and] implementing immunization |
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requirements for students admitted to public or private primary or |
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secondary schools. |
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SECTION 5. Section 161.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Every child in the state shall be immunized against |
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diphtheria, hepatitis A, hepatitis B, measles, meningococcal, |
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mumps, pertussis, polio, rubella, tetanus, and varicella [vaccine |
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preventable diseases caused by infectious agents] in accordance |
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with the [immunization] schedule prescribed [adopted] in |
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department rules. The executive commissioner may not require |
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immunizations against any additional diseases for students |
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admitted to a public or private primary or secondary school. |
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SECTION 6. The heading to Section 161.0085, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.0085. [COVID-19] VACCINE PASSPORTS AND USE OF |
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CERTAIN IMMUNIZATION INFORMATION PROHIBITED. |
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SECTION 7. Section 161.0085, Health and Safety Code, is |
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amended by amending Subsections (b), (c), and (e) and adding |
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Subsection (b-1) to read as follows: |
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(b) A person [governmental entity] in this state may not |
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issue a written or electronic vaccine passport, vaccine pass, or |
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other standardized documentation to certify an individual's |
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[COVID-19] vaccination status to a third party for a purpose other |
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than health care or otherwise publish or share any individual's |
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[COVID-19] immunization record or similar health information to |
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facilitate the individual's identification related to vaccination |
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status for a purpose other than health care. |
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(b-1) A person may not use information contained in the |
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immunization registry or any other immunization records collected |
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by a state agency or a local governmental entity, including a school |
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district, to issue or facilitate the issuance of a vaccine |
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passport, vaccine pass, or other standardized documentation to |
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certify an individual's vaccination status in violation of |
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Subsection (b). |
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(c) A business in this state may not require a customer to |
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provide any documentation certifying the customer's [COVID-19] |
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vaccination status or post-transmission recovery of a communicable |
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disease on entry to, to gain access to, or to receive service from |
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the business. A business that fails to comply with this subsection |
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is not eligible to receive a grant or enter into a contract payable |
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with state funds. |
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(e) This section may not be construed to: |
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(1) restrict a business from implementing [COVID-19] |
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screening and infection control protocols in accordance with state |
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and federal law to protect public health; or |
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(2) interfere with an individual's right to access the |
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individual's personal health information under federal law. |
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SECTION 8. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0086 to read as follows; |
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Sec. 161.0086. ADVERSE EVENT REPORTING SYSTEM FOR VACCINES |
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AND BOOSTER DOSES. (a) In this section "health care practitioner" |
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means an individual licensed or otherwise authorized by this state |
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to administer vaccines. |
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(b) The department shall establish and maintain on the |
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department's Internet website a publicly accessible reporting |
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system to track adverse events following the administration of a |
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vaccine or booster dose of that vaccine. The reporting system must: |
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(1) enable health care practitioners and other |
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individuals to submit information in accordance with this section; |
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and |
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(2) be maintained separately from the immunization |
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registry or any other statewide registry for tracking immunization |
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information. |
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(c) A health care practitioner who administers a vaccine or |
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booster dose of that vaccine to a patient shall submit to the |
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reporting system information on any adverse event the patient |
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experiences following the administration of the vaccine or booster |
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dose, regardless of whether the vaccine or booster dose caused the |
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adverse event. |
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(d) An individual who obtains a vaccine or booster dose of |
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that vaccine may report to the reporting system information on any |
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adverse event the individual experiences following the |
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administration of the vaccine or booster dose, regardless of |
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whether the vaccine or booster dose caused the adverse event. |
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(e) The appropriate licensing authority may impose |
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disciplinary action, including an administrative penalty, on a |
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health care practitioner who violates this section in the same |
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manner and using the same procedures as the authority uses to impose |
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disciplinary action on a health care practitioner who violates the |
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authority's licensing or other regulatory laws or rules. |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules to ensure that |
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information accessible through the reporting system does not |
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disclose personally identifiable information or information that |
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is confidential under state or federal law. |
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SECTION 9. The following provisions are repealed: |
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(1) Section 38.001(b), Education Code, as amended by |
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Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th |
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Legislature, Regular Session, 2007; |
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(2) Section 38.001(f), Education Code; and |
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(3) Section 161.0085(a), Health and Safety Code. |
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SECTION 10. (a) The changes in law made by this Act to |
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Chapter 38, Education Code, apply starting with the 2023-2024 |
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school year. |
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(b) The changes in law made by this Act to Chapter 51, |
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Education Code, apply beginning with the 2023-2024 academic year. |
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SECTION 11. This Act takes effect September 1, 2023. |