Texas 2015 - 84th Regular

Texas Senate Bill SB1114 Compare Versions

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

Old	New	Differences
1	1	84R12212 MEW-D
2	2	By: Garcia S.B. No. 1114
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a policy on vaccine-preventable diseases for public
8	8	schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 38, Education Code, is
11	11	amended by adding Section 38.0022 to read as follows:
12	12	Sec. 38.0022. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.
13	13	(a) In this section:
14	14	(1) "School employee" means an employee of a public
15	15	school.
16	16	(2) "Vaccine-preventable diseases" means the diseases
17	17	included in the most current recommendations of the Advisory
18	18	Committee on Immunization Practices of the Centers for Disease
19	19	Control and Prevention.
20	20	(b) Each public school shall develop and implement a policy
21	21	to protect the students attending the public school from
22	22	vaccine-preventable diseases.
23	23	(c) The policy must:
24	24	(1) require each school employee to receive vaccines
25	25	for the vaccine-preventable diseases specified by the school based
26	26	on the level of risk the employee presents to students by the
27	27	employee's routine and direct exposure to students;
28	28	(2) specify the vaccines a school employee is required
29	29	to receive based on the level of risk the employee presents to
30	30	students by the employee's routine and direct exposure to students;
31	31	(3) include procedures for verifying whether a school
32	32	employee has complied with the policy;
33	33	(4) include procedures for a school employee to be
34	34	exempt from the required vaccines for the medical conditions
35	35	identified as contraindications or precautions by the Centers for
36	36	Disease Control and Prevention;
37	37	(5) for a school employee who is exempt from the
38	38	required vaccines, include procedures the employee must follow to
39	39	protect students attending the school from exposure to disease,
40	40	such as the use of protective medical equipment, including gloves
41	41	and masks, based on the level of risk the employee presents to
42	42	students by the employee's routine and direct exposure to students;
43	43	(6) prohibit discrimination or retaliatory action
44	44	against a school employee who is exempt from the required vaccines
45	45	for the medical conditions identified as contraindications or
46	46	precautions by the Centers for Disease Control and Prevention,
47	47	except that required use of protective medical equipment, including
48	48	gloves and masks, may not be considered retaliatory action for
49	49	purposes of this subdivision;
50	50	(7) require the public school to maintain a written or
51	51	electronic record of each school employee's compliance with or
52	52	exemption from the policy; and
53	53	(8) state the disciplinary actions the public school
54	54	is authorized to take against a school employee who fails to comply
55	55	with the policy.
56	56	(d) The commissioner shall adopt rules as necessary to
57	57	implement this section.
58	58	SECTION 2. Not later than June 1, 2016, the commissioner of
59	59	education shall adopt the rules necessary to implement Section
60	60	38.0022, Education Code, as added by this Act.
61	61	SECTION 3. Notwithstanding Section 38.0022, Education
62	62	Code, as added by this Act, a school district or open-enrollment
63	63	charter school subject to that section is not required to have a
64	64	policy on vaccine-preventable diseases in effect until September 1,
65	65	2016.
66	66	SECTION 4. This Act takes effect September 1, 2015.