By: Davis, et al. S.B. No. 819
A BILL TO BE ENTITLED
AN ACT
relating to the vaccination against bacterial meningitis of certain
first-time students at public and private or independent
institutions of higher education.
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. 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 4. 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.