Texas 2015 - 84th Regular

Texas House Bill HB2006 Compare Versions

Only one version of the bill is available at this time.

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1	1	84R8216 MEW/KSD-D
2	2	By: Villalba H.B. No. 2006
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exemptions from immunization requirements for public
8	8	school students and students at public institutions of higher
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 38.001(c) and (f), Education Code, are
12	12	amended to read as follows:
13	13	(c) Immunization is not required for a person's admission to
14	14	any elementary or secondary school if the person applying for
15	15	admission:
16	16	(1) submits to the admitting official:
17	17	(A) an affidavit or a certificate signed by a
18	18	physician who is duly registered and licensed to practice medicine
19	19	in the United States, in which it is stated that, in the physician's
20	20	opinion, the immunization required poses a significant risk to the
21	21	health and well-being of the applicant or any member of the
22	22	applicant's family or household; or
23	23	(B) an affidavit signed by the applicant or, if a
24	24	minor, by the applicant's parent or guardian stating that the
25	25	applicant declines immunization for a specified and verifiable
26	26	religious-based reason and that the immunization conflicts with the
27	27	tenets and practices of a recognized church or religious
28	28	denomination of which the applicant is an adherent or member
29	29	[reasons of conscience, including a religious belief]; or
30	30	(2) is a member of the armed forces of the United
31	31	States and is on active duty.
32	32	(f) A person who has not received the immunizations required
33	33	by this section [for reasons of conscience, including] because of
34	34	the person's specified and verifiable religious-based reason
35	35	[religious beliefs,] may be excluded from school in times of
36	36	emergency or epidemic declared by the commissioner of public
37	37	health.
38	38	SECTION 2. Section 51.9192, Education Code, is amended by
39	39	amending Subsections (c), (d), (d-1), (d-2), (d-3), (d-4), and
40	40	(d-6) and adding Subsection (c-1) to read as follows:
41	41	(c) Except as provided by Subsection (c-1) or (d), a student
42	42	to whom this section applies or a parent or guardian of the student
43	43	must provide to the institution, at the time and in the manner
44	44	prescribed by rules adopted by the Texas Higher Education
45	45	Coordinating Board, a certificate signed by a health practitioner
46	46	or an official immunization record evidencing that the student has
47	47	received a bacterial meningitis vaccination dose or booster during
48	48	the five-year period preceding the date established by the
49	49	coordinating board under Subsection (e).
50	50	(c-1) A student to whom this section applies who is an
51	51	entering student at an institution of higher education, or a parent
52	52	or guardian of the student, is not required to comply with
53	53	Subsection (c) if the student or a parent or guardian of the student
54	54	submits to the institution:
55	55	(1) an affidavit or a certificate signed by a
56	56	physician who is duly registered and licensed to practice medicine
57	57	in the United States in which it is stated that, in the physician's
58	58	opinion, the vaccination required would be injurious to the health
59	59	and well-being of the student; or
60	60	(2) an affidavit signed by the student stating that
61	61	the student declines the vaccination for bacterial meningitis for
62	62	a specified and verifiable religious-based reason and that the
63	63	immunization conflicts with the tenets and practices of a
64	64	recognized church or religious denomination of which the student is
65	65	an adherent or member or confirmation that the student has
66	66	completed the Internet-based process described by Subsection (d-3)
67	67	for declining the vaccination on that basis, if applicable to the
68	68	student.
69	69	(d) A student to whom this section applies who is an
70	70	entering student at a private or independent institution of higher
71	71	education, or a parent or guardian of the student, is not required
72	72	to comply with Subsection (c) if the student or a parent or guardian
73	73	of the student submits to the institution:
74	74	(1) an affidavit or a certificate signed by a
75	75	physician who is duly registered and licensed to practice medicine
76	76	in the United States in which it is stated that, in the physician's
77	77	opinion, the vaccination required would be injurious to the health
78	78	and well-being of the student; or
79	79	(2) an affidavit signed by the student stating that
80	80	the student declines the vaccination for bacterial meningitis for
81	81	reasons of conscience, including a religious belief [, or
82	82	confirmation that the student has completed the Internet-based
83	83	process described by Subsection (d-3) for declining the vaccination
84	84	on that basis, if applicable to the student].
85	85	(d-1) The exemptions [exemption] provided by Subsection
86	86	(c-1)(2) and (d)(2) do [does] not apply during a disaster or public
87	87	health emergency, terrorist attack, hostile military or
88	88	paramilitary action, or extraordinary law enforcement emergency
89	89	declared by an appropriate official or other authority and in
90	90	effect for the location of the institution the student attends.
91	91	(d-2) An affidavit submitted under Subsection (c-1)(2) or
92	92	(d)(2) must be:
93	93	(1) on a form described by Section 161.0041, Health
94	94	and Safety Code; and
95	95	(2) submitted to the appropriate admitting official
96	96	not later than the 90th day after the date the affidavit is
97	97	notarized.
98	98	(d-3) The Department of State Health Services shall develop
99	99	and implement a secure, Internet-based process to be used
100	100	exclusively at those public junior colleges that elect to use the
101	101	process to allow an entering student to apply online for an
102	102	exemption from the vaccination requirement under this section for a
103	103	religious-based reason described by Subsection (c-1)(2) [reasons
104	104	of conscience]. The online process portal must be designed to
105	105	ensure that duplicate exemption requests are avoided to the
106	106	greatest extent possible. The exemption form used by a student to
107	107	claim an exemption under the process must contain a statement
108	108	indicating that the student understands the benefits and risks of
109	109	the immunization and the benefits and risks of not receiving the
110	110	immunization.
111	111	(d-4) A public junior college may require an entering
112	112	student to use the Internet-based process under Subsection (d-3) as
113	113	the exclusive method to apply for an exemption from the vaccination
114	114	required under this section for a religious-based reason described
115	115	by Subsection (c-1)(2) [reasons of conscience].
116	116	(d-6) An institution of higher education or private or
117	117	independent institution of higher education shall provide, with the
118	118	registration materials that the institution provides to a student
119	119	to whom this section applies before the student's initial
120	120	enrollment in the institution, written notice of the right of the
121	121	student or of a parent or guardian of the student to claim an
122	122	exemption from the vaccination requirement in the manner prescribed
123	123	by Subsection (c-1) or (d), as applicable to the institution, and of
124	124	the importance of consulting a physician about the need for
125	125	immunization to prevent the disease.
126	126	SECTION 3. Section 51.933(d), Education Code, is amended to
127	127	read as follows:
128	128	(d) No form of immunization is required for a person's
129	129	admission to an institution of higher education if the person
130	130	applying for admission:
131	131	(1) submits to the admitting official:
132	132	(A) an affidavit or a certificate signed by a
133	133	physician who is duly registered and licensed to practice medicine
134	134	within the United States in which it is stated that, in the
135	135	physician's opinion, the immunization required poses a significant
136	136	risk to the health and well-being of the applicant or any member of
137	137	the applicant's family or household; or
138	138	(B) an affidavit signed by the applicant or, if a
139	139	minor, by the applicant's parent or guardian stating that the
140	140	applicant declines immunization for a specified and verifiable
141	141	religious-based reason and that the immunization conflicts with the
142	142	tenets and practices of a recognized church or religious
143	143	denomination of which the student is an adherent or member [reasons
144	144	of conscience, including a religious belief]; or
145	145	(2) is a member of the armed forces of the United
146	146	States and is on active duty.
147	147	SECTION 4. Section 161.004, Health and Safety Code, is
148	148	amended by adding Subsection (d-1) to read as follows:
149	149	(d-1) Subsection (d) does not authorize an exemption based
150	150	on conscience for a student subject to Section 38.001,
151	151	51.9192(c-1), or 51.933, Education Code.
152	152	SECTION 5. Section 161.0041, Health and Safety Code, is
153	153	amended by amending Subsection (a) and adding Subsection (a-1) to
154	154	read as follows:
155	155	(a) A person claiming an exemption from a required
156	156	immunization [based on reasons of conscience, including a religious
157	157	belief, under Section 161.004 of this code, Section 38.001,
158	158	51.9192, or 51.933, Education Code, or Section 42.043, Human
159	159	Resources Code,] must complete an affidavit on a form provided by
160	160	the department stating the [reason for the] exemption is based on:
161	161	(1) reasons of conscience, including a religious
162	162	belief, under Section 161.004 of this code, Section 51.9192(d)(2),
163	163	Education Code, or Section 42.043, Human Resources Code; or
164	164	(2) a specified and verifiable religious-based reason
165	165	under Section 38.001, 51.9192(c-1)(2), or 51.933, Education Code.
166	166	(a-1) Subsection (a) [This subsection] does not apply to a
167	167	person claiming an [the] exemption using the Internet-based process
168	168	under Section 51.9192(d-3), Education Code.
169	169	SECTION 6. The changes in law made by this Act to Section
170	170	38.001, Education Code, relating to public school students apply
171	171	beginning with the 2015-2016 school year.
172	172	SECTION 7. The changes in law made by this Act to Sections
173	173	51.9192 and 51.933, Education Code, apply only to entering students
174	174	enrolling in public institutions of higher education in this state
175	175	beginning with the 2015 fall semester.
176	176	SECTION 8. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2015.