Texas 2011 82nd Regular

Texas Senate Bill SB1107 Engrossed / Bill

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                    By: Davis, Lucio S.B. No. 1107
 Van de Putte


 A BILL TO BE ENTITLED
 AN ACT
 relating to the vaccination against bacterial meningitis of
 entering 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
 and Nicolis Williams Act.
 SECTION 2.  Subsections (b), (c), and (e), Section 51.9192,
 Education Code, are amended to read as follows:
 (b)  This section applies only to an entering student at [a
 first-time student of] an institution of higher education or
 private or independent institution of higher education. This
 section does not apply to a student of an institution who is
 enrolled only in online or other distance education courses or who
 is 30 years of age or older.  For purposes of this subsection,
 "entering student" includes:
 (1)  a new student, as defined by Section 51.9191; and
 (2)  a student who previously attended an institution
 of higher education or private or independent institution of higher
 education before January 1, 2012, and who is enrolling in the same
 or another institution of higher education or private or
 independent institution of higher education following a break in
 enrollment of at least one fall or spring semester[, 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 or an official
 immunization record evidencing that the student has received a
 [been vaccinated against] bacterial meningitis vaccination dose or
 booster during the five-year period preceding the date established
 by the coordinating board under Subsection (e).
 (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 10th day before the
 first day of the semester or other term in which the student
 initially enrolls unless the student is granted an extension by the
 institution as provided by the rules adopted under this subsection.
 The rules must authorize an institution of higher education or
 private or independent institution of higher education to extend
 the compliance date for an individual student to a date that is not
 later than the 10th day after the first day of the semester or other
 term in which the student initially enrolls [date the student
 initially moves into an on-campus dormitory or other on-campus
 student housing facility at an institution].
 SECTION 3.  The changes in law made by this Act to Section
 51.9192, Education Code, apply only to entering students enrolling
 in public or private or independent institutions of higher
 education in this state on or after January 1, 2012.
 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, 2011.