BILL ANALYSIS

H.B. 1586

By: Hull

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the current procedure for acquiring an immunization exemption form for school enrollment is time consuming, inconvenient, and very often causes a delay in school enrollment. H.B. 1586 seeks to address this issue by making the forms more readily accessible, so that parents or guardians may download and print the forms to complete, notarize, and return to the school before the enrollment deadlines.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1586 amends the Health and Safety Code to revise provisions relating to the affidavit form developed by the Department of State Health Services (DSHS) for use by a person claiming an exemption from a required immunization based on reasons of conscience. The bill requires DSHS to post the form in a printable format on the DSHS website and removes a requirement for the form to contain a seal or other security device to prevent reproduction of the form. The bill maintains the authorization for a person claiming an exemption to obtain the form by submitting a written request to DSHS but removes the specification that this is the only method of obtaining the form. The bill establishes that a person may not be required to provide any information to obtain a blank affidavit form.

H.B. 1586 removes the requirement for DSHS to maintain a record of the total number of affidavit forms sent out each year and to report that information annually to the legislature and authorizes DSHS instead to maintain a record of the total number of times an affidavit form was accessed on the DSHS website or requested in writing from DSHS. The bill replaces the prohibition against DSHS maintaining a record of the names of individuals who request an affidavit form with a prohibition against DSHS maintaining a record of any personally identifying information of individuals who download, access, request, or submit an affidavit form.

H.B. 1586 requires DSHS to modify the existing affidavit form not later than the 30th day after the bill's effective date. The bill's provisions apply beginning with the 2025-2026 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.