S.B. No. 1107
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. Section 51.9192, Education Code, is amended by
amending Subsections (b), (c), and (e) and adding Subsection (d-1)
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).
(d-1) An institution of higher education or private or
independent institution of higher education shall provide, with the
registration materials that the institution provides to a student
to whom this section applies before the student's initial
enrollment in the institution, written notice of the right of the
student or of a parent or guardian of the student to claim an
exemption from the vaccination requirement in the manner prescribed
by Subsection (d) and of the importance of consulting a physician
about the need for immunization to prevent the disease.
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1107 passed the Senate on
April 29, 2011, by the following vote: Yeas 29, Nays 2; and that
the Senate concurred in House amendment on May 11, 2011, by the
following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1107 passed the House, with
amendment, on May 6, 2011, by the following vote: Yeas 122,
Nays 14, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor