H.B. No. 4189
AN ACT
relating to the conduct of compliance programs by institutions of
higher education and to the vaccination of students of institutions
of higher education against bacterial meningitis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Jamie Schanbaum
Act.
SECTION 2. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9192 to read as follows:
Sec. 51.9192. BACTERIAL MENINGITIS VACCINATION REQUIRED
FOR CERTAIN STUDENTS; EXCEPTIONS. (a) In this section:
(1) "Health practitioner" means any person authorized
by law to administer an immunization.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(b) This section applies only to a first-time student of an
institution of higher education or private or independent
institution of higher education, including a transfer student, who
resides in, or has applied for on-campus housing and been approved
to reside in, an on-campus dormitory or other on-campus student
housing facility at the institution.
(c) Except as provided by Subsection (d), a student to whom
this section applies or a parent or guardian of the student must
provide to the institution, at the time and in the manner prescribed
by rules adopted by the Texas Higher Education Coordinating Board,
a certificate signed by a health practitioner evidencing that the
student has been vaccinated against bacterial meningitis.
(d) A student to whom this section applies or a parent or
guardian of the student is not required to comply with Subsection
(c) if the student or a parent or guardian of the student submits to
the institution:
(1) an affidavit or a certificate signed by a
physician who is duly registered and licensed to practice medicine
in the United States in which it is stated that, in the physician's
opinion, the vaccination required would be injurious to the health
and well-being of the student; or
(2) an affidavit signed by the student stating that
the student declines the vaccination for bacterial meningitis for
reasons of conscience, including a religious belief, except that
the exemption provided by this subdivision does not apply during a
disaster or public health emergency, terrorist attack, hostile
military or paramilitary action, or extraordinary law enforcement
emergency declared by an appropriate official or other authority
and in effect for the location of the institution the student
attends.
(e) The Texas Higher Education Coordinating Board, in
consultation with institutions of higher education and private or
independent institutions of higher education, shall adopt rules for
the administration of this section, including rules establishing
the date by which a student who is required to comply with
Subsection (c) must have received the vaccination required by that
subsection, which may not be later than the date the student
initially moves into an on-campus dormitory or other on-campus
student housing facility at an institution.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.971 to read as follows:
Sec. 51.971. COMPLIANCE PROGRAM. (a) In this section:
(1) "Compliance program" means a process to assess and
ensure compliance by the officers and employees of an institution
of higher education with applicable laws, rules, regulations, and
policies, including matters of:
(A) ethics and standards of conduct;
(B) financial reporting;
(C) internal accounting controls; or
(D) auditing.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) An institution of higher education that maintains a
compliance program may establish procedures, such as a telephone
hotline, to permit private access to the compliance program office
and to preserve the confidentiality of communications and the
anonymity of a person making a compliance report or participating
in a compliance investigation.
(c) The following are confidential:
(1) information that directly or indirectly reveals
the identity of an individual who made a report to the compliance
program office of an institution of higher education, sought
guidance from the office, or participated in an investigation
conducted under the compliance program; and
(2) information that directly or indirectly reveals
the identity of an individual as a person who is alleged to have or
may have planned, initiated, or participated in activities that are
the subject of a report made to the compliance program office of an
institution of higher education if, after completing an
investigation, the office determines the report to be
unsubstantiated or without merit.
(d) Subsection (c) does not apply to information related to
an individual who consents to disclosure of the information.
(e) Information produced in a compliance program
investigation the release of which would interfere with an ongoing
compliance investigation is excepted from disclosure under Chapter
552, Government Code.
(f) Information made confidential or excepted from public
disclosure by this section may be made available to a law
enforcement agency or prosecutor for official purposes of the
agency or prosecutor upon proper request made in compliance with
applicable law and procedure.
SECTION 4. Section 51.9192, Education Code, as added by
this Act, applies only to first-time students enrolling in public
or private or independent institutions of higher education in this
state on or after January 1, 2010.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4189 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4189 on May 29, 2009, by the following vote: Yeas 145, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4189 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor