| 1 | 1 | | By: Davis, et al. S.B. No. 819 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the vaccination against bacterial meningitis of certain |
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| 7 | 7 | | first-time students at public and private or independent |
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| 8 | 8 | | institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act shall be known as the Jamie Schanbaum |
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| 11 | 11 | | Act. |
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| 12 | 12 | | SECTION 2. Subchapter Z, Chapter 51, Education Code, is |
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| 13 | 13 | | amended by adding Section 51.9192 to read as follows: |
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| 14 | 14 | | Sec. 51.9192. BACTERIAL MENINGITIS VACCINATION REQUIRED |
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| 15 | 15 | | FOR CERTAIN STUDENTS; EXCEPTIONS. (a) In this section: |
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| 16 | 16 | | (1) "Health practitioner" means any person authorized |
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| 17 | 17 | | by law to administer an immunization. |
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| 18 | 18 | | (2) "Institution of higher education" and "private or |
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| 19 | 19 | | independent institution of higher education" have the meanings |
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| 20 | 20 | | assigned by Section 61.003. |
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| 21 | 21 | | (b) This section applies only to a first-time student of an |
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| 22 | 22 | | institution of higher education or private or independent |
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| 23 | 23 | | institution of higher education, including a transfer student, who |
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| 24 | 24 | | resides in, or has applied for on-campus housing and been approved |
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| 25 | 25 | | to reside in, an on-campus dormitory or other on-campus student |
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| 26 | 26 | | housing facility at the institution. |
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| 27 | 27 | | (c) Except as provided by Subsection (d), a student to whom |
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| 28 | 28 | | this section applies or a parent or guardian of the student must |
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| 29 | 29 | | provide to the institution, at the time and in the manner prescribed |
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| 30 | 30 | | by rules adopted by the Texas Higher Education Coordinating Board, |
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| 31 | 31 | | a certificate signed by a health practitioner evidencing that the |
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| 32 | 32 | | student has been vaccinated against bacterial meningitis. |
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| 33 | 33 | | (d) A student to whom this section applies or a parent or |
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| 34 | 34 | | guardian of the student is not required to comply with Subsection |
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| 35 | 35 | | (c) if the student or a parent or guardian of the student submits to |
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| 36 | 36 | | the institution: |
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| 37 | 37 | | (1) an affidavit or a certificate signed by a |
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| 38 | 38 | | physician who is duly registered and licensed to practice medicine |
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| 39 | 39 | | in the United States in which it is stated that, in the physician's |
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| 40 | 40 | | opinion, the vaccination required would be injurious to the health |
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| 41 | 41 | | and well-being of the student; or |
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| 42 | 42 | | (2) an affidavit signed by the student stating that |
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| 43 | 43 | | the student declines the vaccination for bacterial meningitis for |
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| 44 | 44 | | reasons of conscience, including a religious belief, except that |
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| 45 | 45 | | the exemption provided by this subdivision does not apply during a |
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| 46 | 46 | | disaster or public health emergency, terrorist attack, hostile |
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| 47 | 47 | | military or paramilitary action, or extraordinary law enforcement |
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| 48 | 48 | | emergency declared by an appropriate official or other authority |
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| 49 | 49 | | and in effect for the location of the institution the student |
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| 50 | 50 | | attends. |
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| 51 | 51 | | (e) The Texas Higher Education Coordinating Board, in |
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| 52 | 52 | | consultation with institutions of higher education and private or |
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| 53 | 53 | | independent institutions of higher education, shall adopt rules for |
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| 54 | 54 | | the administration of this section, including rules establishing |
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| 55 | 55 | | the date by which a student who is required to comply with |
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| 56 | 56 | | Subsection (c) must have received the vaccination required by that |
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| 57 | 57 | | subsection, which may not be later than the date the student |
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| 58 | 58 | | initially moves into an on-campus dormitory or other on-campus |
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| 59 | 59 | | student housing facility at an institution. |
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| 60 | 60 | | SECTION 3. Section 51.9192, Education Code, as added by |
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| 61 | 61 | | this Act, applies only to first-time students enrolling in public |
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| 62 | 62 | | or private or independent institutions of higher education in this |
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| 63 | 63 | | state on or after January 1, 2010. |
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| 64 | 64 | | SECTION 4. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2009. |
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