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A BILL TO BE ENTITLED
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AN ACT
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relating to immunization requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001(b), Education Code, as amended by |
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Chapter 43 (H.B. 1098), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(b) The [Subject to Subsections (b-1) and (c), the] |
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executive commissioner of the Health and Human Services Commission |
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may not modify or delete any of the immunizations in Subsection (a) |
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or [may] require immunizations against additional diseases as a |
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requirement for admission to any elementary or secondary school. |
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SECTION 2. Section 38.001(b-1), Education Code, is amended |
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to read as follows: |
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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 Subsection |
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(a) [this section] for admission to public schools [and of any |
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additional immunizations the department recommends for school-age |
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children]. The department shall prepare the list in English and |
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Spanish and make the list available in a manner that permits a |
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school district to easily post the list on the district's Internet |
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website as required by Section 38.019. |
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SECTION 3. 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 4. Section 81.023, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 81.023. IMMUNIZATION. (a) The executive commissioner |
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may recommend to the legislature immunizations to include on the |
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list of immunizations required [department shall develop |
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immunization requirements] for children under Section 38.001(a), |
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Education Code. |
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(b) The department shall cooperate with the Department of |
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Family and Protective Services in [formulating and] implementing |
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the immunization requirements for children admitted to child-care |
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facilities. |
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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. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0035 to read as follows: |
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Sec. 161.0035. PROHIBITED IMMUNIZATION REQUIREMENTS. (a) |
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Except as provided by Subsection (b), a governmental entity may not |
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compel or require an individual to receive an immunization, |
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including an immunization listed on the immunization schedules |
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developed by the federal Centers for Disease Control and |
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Prevention. |
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(b) Subsection (a) does not apply to an immunization |
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required by this subchapter or Section 38.001 or 51.933, Education |
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Code. |
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SECTION 6. 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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vaccine preventable diseases caused by infectious agents in |
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accordance with Section 38.001, Education Code [the immunization |
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schedule adopted in department rules]. |
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SECTION 7. Section 42.043(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The department shall require that each child at an |
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appropriate age have a test for tuberculosis and be immunized |
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against the diseases listed in Section 38.001, Education Code |
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[diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, |
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invasive pneumococcal disease, and hepatitis A and against any |
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other communicable disease as recommended by the Department of |
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State Health Services]. The immunization must be effective on the |
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date of first entry into the facility. However, a child may be |
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provisionally admitted if the required immunizations have begun and |
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are completed as rapidly as medically feasible. |
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SECTION 8. The following provisions of the Education Code |
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are repealed: |
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(1) Section 38.001(b), as amended by Chapter 94 (H.B. |
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1059), Acts of the 80th Legislature, Regular Session, 2007; and |
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(2) Section 38.001(f). |
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SECTION 9. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2025. |