Texas 2009 - 81st Regular

Texas House Bill HB4189 Compare Versions

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1	1	H.B. No. 4189
2	2
3	3
4	4	AN ACT
5	5	relating to the conduct of compliance programs by institutions of
6	6	higher education and to the vaccination of students of institutions
7	7	of higher education against bacterial meningitis.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Jamie Schanbaum
10	10	Act.
11	11	SECTION 2. Subchapter Z, Chapter 51, Education Code, is
12	12	amended by adding Section 51.9192 to read as follows:
13	13	Sec. 51.9192. BACTERIAL MENINGITIS VACCINATION REQUIRED
14	14	FOR CERTAIN STUDENTS; EXCEPTIONS. (a) In this section:
15	15	(1) "Health practitioner" means any person authorized
16	16	by law to administer an immunization.
17	17	(2) "Institution of higher education" and "private or
18	18	independent institution of higher education" have the meanings
19	19	assigned by Section 61.003.
20	20	(b) This section applies only to a first-time student of an
21	21	institution of higher education or private or independent
22	22	institution of higher education, including a transfer student, who
23	23	resides in, or has applied for on-campus housing and been approved
24	24	to reside in, an on-campus dormitory or other on-campus student
25	25	housing facility at the institution.
26	26	(c) Except as provided by Subsection (d), a student to whom
27	27	this section applies or a parent or guardian of the student must
28	28	provide to the institution, at the time and in the manner prescribed
29	29	by rules adopted by the Texas Higher Education Coordinating Board,
30	30	a certificate signed by a health practitioner evidencing that the
31	31	student has been vaccinated against bacterial meningitis.
32	32	(d) A student to whom this section applies or a parent or
33	33	guardian of the student is not required to comply with Subsection
34	34	(c) if the student or a parent or guardian of the student submits to
35	35	the institution:
36	36	(1) an affidavit or a certificate signed by a
37	37	physician who is duly registered and licensed to practice medicine
38	38	in the United States in which it is stated that, in the physician's
39	39	opinion, the vaccination required would be injurious to the health
40	40	and well-being of the student; or
41	41	(2) an affidavit signed by the student stating that
42	42	the student declines the vaccination for bacterial meningitis for
43	43	reasons of conscience, including a religious belief, except that
44	44	the exemption provided by this subdivision does not apply during a
45	45	disaster or public health emergency, terrorist attack, hostile
46	46	military or paramilitary action, or extraordinary law enforcement
47	47	emergency declared by an appropriate official or other authority
48	48	and in effect for the location of the institution the student
49	49	attends.
50	50	(e) The Texas Higher Education Coordinating Board, in
51	51	consultation with institutions of higher education and private or
52	52	independent institutions of higher education, shall adopt rules for
53	53	the administration of this section, including rules establishing
54	54	the date by which a student who is required to comply with
55	55	Subsection (c) must have received the vaccination required by that
56	56	subsection, which may not be later than the date the student
57	57	initially moves into an on-campus dormitory or other on-campus
58	58	student housing facility at an institution.
59	59	SECTION 3. Subchapter Z, Chapter 51, Education Code, is
60	60	amended by adding Section 51.971 to read as follows:
61	61	Sec. 51.971. COMPLIANCE PROGRAM. (a) In this section:
62	62	(1) "Compliance program" means a process to assess and
63	63	ensure compliance by the officers and employees of an institution
64	64	of higher education with applicable laws, rules, regulations, and
65	65	policies, including matters of:
66	66	(A) ethics and standards of conduct;
67	67	(B) financial reporting;
68	68	(C) internal accounting controls; or
69	69	(D) auditing.
70	70	(2) "Institution of higher education" has the meaning
71	71	assigned by Section 61.003.
72	72	(b) An institution of higher education that maintains a
73	73	compliance program may establish procedures, such as a telephone
74	74	hotline, to permit private access to the compliance program office
75	75	and to preserve the confidentiality of communications and the
76	76	anonymity of a person making a compliance report or participating
77	77	in a compliance investigation.
78	78	(c) The following are confidential:
79	79	(1) information that directly or indirectly reveals
80	80	the identity of an individual who made a report to the compliance
81	81	program office of an institution of higher education, sought
82	82	guidance from the office, or participated in an investigation
83	83	conducted under the compliance program; and
84	84	(2) information that directly or indirectly reveals
85	85	the identity of an individual as a person who is alleged to have or
86	86	may have planned, initiated, or participated in activities that are
87	87	the subject of a report made to the compliance program office of an
88	88	institution of higher education if, after completing an
89	89	investigation, the office determines the report to be
90	90	unsubstantiated or without merit.
91	91	(d) Subsection (c) does not apply to information related to
92	92	an individual who consents to disclosure of the information.
93	93	(e) Information produced in a compliance program
94	94	investigation the release of which would interfere with an ongoing
95	95	compliance investigation is excepted from disclosure under Chapter
96	96	552, Government Code.
97	97	(f) Information made confidential or excepted from public
98	98	disclosure by this section may be made available to a law
99	99	enforcement agency or prosecutor for official purposes of the
100	100	agency or prosecutor upon proper request made in compliance with
101	101	applicable law and procedure.
102	102	SECTION 4. Section 51.9192, Education Code, as added by
103	103	this Act, applies only to first-time students enrolling in public
104	104	or private or independent institutions of higher education in this
105	105	state on or after January 1, 2010.
106	106	SECTION 5. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.
111	111	______________________________ ______________________________
112	112	President of the Senate Speaker of the House
113	113	I certify that H.B. No. 4189 was passed by the House on May
114	114	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
115	115	voting; and that the House concurred in Senate amendments to H.B.
116	116	No. 4189 on May 29, 2009, by the following vote: Yeas 145, Nays 0,
117	117	1 present, not voting.
118	118	______________________________
119	119	Chief Clerk of the House
120	120	I certify that H.B. No. 4189 was passed by the Senate, with
121	121	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
122	122	0.
123	123	______________________________
124	124	Secretary of the Senate
125	125	APPROVED: __________________
126	126	Date
127	127	__________________
128	128	Governor