| 1 | 1 | | By: Nelson S.B. No. 63 |
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| 2 | 2 | | (Sheffield of Coryell) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to consent to the immunization of certain children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 32, Family Code, is |
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| 10 | 10 | | amended by adding Section 32.1011 to read as follows: |
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| 11 | 11 | | Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD. (a) |
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| 12 | 12 | | Notwithstanding Section 32.003 or 32.101, a child may consent to |
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| 13 | 13 | | the child's own immunization for a disease if: |
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| 14 | 14 | | (1) the child: |
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| 15 | 15 | | (A) is pregnant; or |
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| 16 | 16 | | (B) is the parent of a child and has actual |
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| 17 | 17 | | custody of that child; and |
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| 18 | 18 | | (2) the Centers for Disease Control and Prevention |
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| 19 | 19 | | recommend or authorize the initial dose of an immunization for that |
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| 20 | 20 | | disease to be administered before seven years of age. |
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| 21 | 21 | | (b) Consent to immunization under this section must meet the |
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| 22 | 22 | | requirements of Section 32.002(a). |
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| 23 | 23 | | (c) Consent by a child to immunization under this section is |
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| 24 | 24 | | not subject to disaffirmance because of minority. |
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| 25 | 25 | | (d) A health care provider or facility may rely on the |
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| 26 | 26 | | written statement of the child containing the grounds on which the |
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| 27 | 27 | | child has capacity to consent to the child's immunization under |
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| 28 | 28 | | this section. |
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| 29 | 29 | | (e) To the extent of any conflict between this section and |
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| 30 | 30 | | Section 32.003, this section controls. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2013. |
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