By: Nelson S.B. No. 62
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. Section 51.9192, Education Code, is amended by
amending Subsections (b), (d), and (d-1) and adding Subsections
(d-2), (d-3), (d-4), (d-5), (d-6), and (f) to read as follows:
(b) This section applies only to an entering student at 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 22 [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.
(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, or
confirmation that the student has completed the Internet-based
process described by Subsection (d-3) for declining the vaccination
on that basis, if applicable to the student.
(d-1) The [except that the] exemption provided by
Subsection (d)(2) [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.
(d-2) An affidavit submitted under Subsection (d)(2) must
be:
(1) on a form described by Section 161.0041, Health
and Safety Code; and
(2) submitted to the appropriate admitting official
not later than the 90th day after the date the affidavit is
notarized.
(d-3) The Department of State Health Services shall develop
and implement a secure, Internet-based process to be used
exclusively at those public junior colleges that elect to use the
process to allow an entering student to apply online for an
exemption from the vaccination requirement under this section for
reasons of conscience. The online process portal must be designed
to ensure that duplicate exemption requests are avoided to the
greatest extent possible. The exemption form used by a student to
claim an exemption under the process must contain a statement
indicating that the student understands the benefits and risks of
the immunization and the benefits and risks of not receiving the
immunization.
(d-4) A public junior college may require an entering
student to use the Internet-based process under Subsection (d-3) as
the exclusive method to apply for an exemption from the vaccination
required under this section for reasons of conscience.
(d-5) The Department of State Health Services shall report
to the legislature annually the number of exemptions applied for in
the preceding academic year using the Internet-based process under
Subsection (d-3).
(d-6) [(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.
(f) In this section, "public junior college" has the meaning
assigned by Section 61.003.
SECTION 2. Subsection (a), Section 161.0041, Health and
Safety Code, is amended to read as follows:
(a) A person claiming an exemption from a required
immunization based on reasons of conscience, including a religious
belief, under Section 161.004 of this code, Section 38.001,
51.9192, or 51.933, Education Code, or Section 42.043, Human
Resources Code, must complete an affidavit on a form provided by the
department stating the reason for the exemption. This subsection
does not apply to a person claiming the exemption using the
Internet-based process under Section 51.9192(d-3), Education Code.
SECTION 3. The changes in law made by this Act apply
beginning with entering students enrolling in public or private or
independent institutions of higher education in this state on or
after January 1, 2014.
SECTION 4. This Act takes effect October 1, 2013.