BILL ANALYSIS

 

 

Senate Research Center

H.B. 1586

89R5266 KRM-D

By: Hull et al. (Kolkhorst)

 

Health & Human Services

 

5/19/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The current procedure for acquiring an immunization exemption form for school enrollment is time consuming, inconvenient, and often causes a delay in school enrollment. Parents and guardians must request the form from the Department of State Health Services (DSHS) and wait for the form to arrive in the mail to be notarized before returning it to the school to meet enrollment deadlines.

 

Currently, DSHS hires four employees, costing $177,000, each summer to print and mail these forms to anyone who requests them. School districts and parents have requested that the forms be more readily accessible to the public, so that parents or guardians may download and print the forms.

 

This bill directs DSHS to post the affidavit form on their website in a printable format to remove the delay of sending the request to DSHS and having to wait for the forms to arrive in the mail.

 

Often, parents have to re-request the forms if they are delayed or lost in the mail. Allowing parents and guardians to download and print their own forms to notarize speeds up the process so that students may be enrolled in a timely manner.

 

School districts will continue to report the number of immunization exemption forms they receive. This bill does not change any district reporting requirements in the state.

 

H.B. 1586 seeks to streamline the access to immunization exemption affidavits by utilizing a digital platform for a more efficient process.

 

H.B. 1586 amends current law relating to an exemption from required immunizations for school enrollment.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 161.0041(c), (d), and (e), Health and Safety Code, as follows:

 

(c) Requires the Department of State Health Services (DSHS) to develop a blank affidavit form for a person to use in claiming an exemption from a required immunization under Section 161.0041 (Immunization Exemption Affidavit Form) and post the affidavit form in a printable format on DSHS's Internet website. Authorizes a person claiming an exemption from a required immunization to also obtain, rather than exempt from a required immunization under this section to only obtain, the affidavit form by submitting a written request for the affidavit form to DSHS. Prohibits a person from being required to provide any information to obtain a blank affidavit form under this subsection.

 

(d) Deletes existing text requiring DSHS to develop a blank affidavit form that contains a seal or other security device to prevent reproduction of the form.

 

(e) Authorizes DSHS to maintain a record of the total number of times an affidavit form was accessed on DSHS's Internet website or requested under Subsection (c). Prohibits DSHS from maintaining a record of any personally identifying information, rather than the names, of individuals who download, access, request, or submit an affidavit form under this section. Deletes existing text requiring DSHS to maintain a record of the total number of affidavit forms sent out each year and to report that information to the legislature each year.

 

SECTION 2. Requires DSHS, not later than the 30th day after the effective date of this Act, to modify the existing affidavit form required by Section 161.0041, Health and Safety Code, as amended by this Act.

 

SECTION 3. Provides that this Act applies beginning with the 2025�2026 school year.

 

SECTION 4. Effective date: upon passage or September 1, 2025.