| 1 | | - | By: Oliverson, et al. (Senate Sponsor - Huffines) H.B. No. 1076 |
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| 2 | | - | (In the Senate - Received from the House May 3, 2017; |
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| 3 | | - | May 4, 2017, read first time and referred to Committee on Health & |
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| 4 | | - | Human Services; May 16, 2017, reported favorably by the following |
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| 5 | | - | vote: Yeas 9, Nays 0; May 16, 2017, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 1076 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the mandatory spinal screening of public and private |
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| 12 | 6 | | school students. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 37.001, Health and Safety Code, is |
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| 15 | 9 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 16 | 10 | | read as follows: |
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| 17 | 11 | | (b) The executive commissioner, in cooperation with the |
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| 18 | 12 | | Texas Education Agency, shall adopt rules for the mandatory spinal |
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| 19 | 13 | | screening of children [in grades 6 and 9] attending public or |
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| 20 | 14 | | private schools. In adopting rules under this subsection, the |
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| 21 | 15 | | executive commissioner shall consider the most recent nationally |
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| 22 | 16 | | accepted and peer-reviewed scientific research in determining the |
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| 23 | 17 | | appropriate ages for conducting the spinal screening. The |
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| 24 | 18 | | department shall coordinate the spinal screening program with any |
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| 25 | 19 | | other screening program conducted by the department on those |
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| 26 | 20 | | children. |
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| 27 | 21 | | (b-1) The executive commissioner, in cooperation with the |
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| 28 | 22 | | Texas Education Agency, by rule shall develop a process to notify a |
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| 29 | 23 | | parent, managing conservator, or guardian of: |
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| 30 | 24 | | (1) the screening requirement; |
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| 31 | 25 | | (2) the purposes of and reasons for the screening |
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| 32 | 26 | | requirement, including prevention of painful scoliosis correction |
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| 33 | 27 | | surgery and medical risks to the child if screening is declined; |
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| 34 | 28 | | (3) the noninvasive nature of the method used to |
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| 35 | 29 | | conduct the screening; and |
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| 36 | 30 | | (4) the method for declining to comply with the |
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| 37 | 31 | | screening requirement through the use of an exemption described by |
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| 38 | 32 | | Section 37.002(b). |
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| 39 | 33 | | SECTION 2. (a) The executive commissioner of the Health and |
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| 40 | 34 | | Human Services Commission shall adopt rules under Section 37.001, |
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| 41 | 35 | | Health and Safety Code, as amended by this Act, not later than |
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| 42 | 36 | | January 1, 2018. |
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| 43 | 37 | | (b) This Act applies beginning with the 2018-2019 school |
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| 44 | 38 | | year. |
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| 45 | 39 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 46 | | - | * * * * * |
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| 40 | + | ______________________________ ______________________________ |
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| 41 | + | President of the Senate Speaker of the House |
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| 42 | + | I certify that H.B. No. 1076 was passed by the House on May 3, |
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| 43 | + | 2017, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 44 | + | voting. |
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| 45 | + | ______________________________ |
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| 46 | + | Chief Clerk of the House |
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| 47 | + | I certify that H.B. No. 1076 was passed by the Senate on May |
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| 48 | + | 19, 2017, by the following vote: Yeas 31, Nays 0. |
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| 49 | + | ______________________________ |
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| 50 | + | Secretary of the Senate |
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| 51 | + | APPROVED: _____________________ |
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| 52 | + | Date |
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| 53 | + | _____________________ |
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| 54 | + | Governor |
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