BILL ANALYSIS

Senate Research Center	H.B. 4535
	By: McQueeney et al. (Hancock)
	Health & Human Services
	5/19/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In the rush to respond to the COVID-19 pandemic, key protections such as informed consent and parental rights were often overlooked, especially in the case of minors and individuals who lack the capacity to consent.

There have been disturbing reports of COVID-19 vaccines being administered without proper parental consent or full disclosure of associated risks. Texas families deserve transparency and accountability in medical decision-making.

H.B. 4535 ensures that Texans are equipped with the information they need to make informed medical decisions by requiring written informed consent prior to any COVID-19 vaccination. This bill also seeks to restore trust and integrity in the vaccine administration process while upholding the rights of Texas families by reinforcing the foundational principles of medical ethics: informed consent, transparency, and individual rights.

H.B. 4535 amends current law relating to COVID-19 vaccine administration requirements.

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 Subchapter A, Chapter 161, Health and Safety Code, by adding Section 161.0086, as follows:

Sec. 161.0086. COVID-19 VACCINATION ADMINISTRATION REQUIREMENTS. (a) Defines "COVID-19" and "health care provider."

(b) Requires a health care provider, before administering a COVID-19 vaccination to an individual, to obtain the individual's written informed consent, or, if the individual is a minor or lacks the mental capacity to provide informed consent, the parent, guardian, or conservator who is authorized to provide written informed consent on the individual's behalf. Requires that the informed consent required under this section include an acknowledgment that the individual providing informed consent received the information sheet described by Subsection (c).

(c) Requires the Department of State Health Services to develop a standardized information sheet that includes certain vaccine information.

(d) Authorizes the appropriate licensing authority to impose disciplinary action on a health care provider who administers a COVID-19 vaccination in violation of this section in the same manner and using the same procedures as the authority uses to impose disciplinary action on a provider who violates the authority's licensing or other regulatory laws or rules.

SECTION 2. Effective date: September 1, 2025.