By: Nelson S.B. No. 63
(In the Senate - Filed November 12, 2012; January 28, 2013,
read first time and referred to Committee on Health and Human
Services; March 4, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
March 4, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 63 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to consent to the immunization of certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Family Code, is
amended by adding Section 32.1011 to read as follows:
Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD. (a)
Notwithstanding Section 32.003 or 32.101, a child may consent to
the child's own immunization for a disease if:
(1) the child:
(A) is pregnant; or
(B) is the parent of a child and has actual
custody of that child; and
(2) the Centers for Disease Control and Prevention
recommend or authorize the initial dose of an immunization for that
disease to be administered before seven years of age.
(b) Consent to immunization under this section must meet the
requirements of Section 32.002(a).
(c) Consent by a child to immunization under this section is
not subject to disaffirmance because of minority.
(d) A health care provider or facility may rely on the
written statement of the child containing the grounds on which the
child has capacity to consent to the child's immunization under
this section.
(e) To the extent of any conflict between this section and
Section 32.003, this section controls.
SECTION 2. 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, 2013.
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