Texas 2017 - 85th Regular

Texas House Bill HB120 Compare Versions

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

Old	New	Differences
1	1	85R2460 DMS-F
2	2	By: Davis of Harris H.B. No. 120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to non-medical exemptions from immunization requirements.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 38.001(c) and (f), Education Code, are
10	10	amended to read as follows:
11	11	(c) Immunization is not required for a person's admission to
12	12	any elementary or secondary school if the person applying for
13	13	admission:
14	14	(1) submits to the admitting official:
15	15	(A) an affidavit or a certificate signed by a
16	16	physician who is duly registered and licensed to practice medicine
17	17	in the United States, in which it is stated that, in the physician's
18	18	opinion, the immunization required poses a significant risk to the
19	19	health and well-being of the applicant or any member of the
20	20	applicant's family or household; or
21	21	(B) an affidavit signed by the applicant or, if a
22	22	minor, by the applicant's parent or guardian stating that the
23	23	applicant declines immunization for non-medical reasons [of
24	24	conscience, including a religious belief]; or
25	25	(2) is a member of the armed forces of the United
26	26	States and is on active duty.
27	27	(f) A person who has not received the immunizations required
28	28	by this section for non-medical reasons [of conscience, including
29	29	because of the person's religious beliefs,] may be excluded from
30	30	school in times of emergency or epidemic declared by the
31	31	commissioner of state [public] health services.
32	32	SECTION 2. Sections 51.9192(d), (d-3), and (d-4), Education
33	33	Code, are amended to read as follows:
34	34	(d) A student to whom this section applies or a parent or
35	35	guardian of the student is not required to comply with Subsection
36	36	(c) if the student or a parent or guardian of the student submits to
37	37	the institution:
38	38	(1) an affidavit or a certificate signed by a
39	39	physician who is duly registered and licensed to practice medicine
40	40	in the United States in which it is stated that, in the physician's
41	41	opinion, the vaccination required would be injurious to the health
42	42	and well-being of the student; or
43	43	(2) an affidavit signed by the student stating that
44	44	the student declines the vaccination for bacterial meningitis for
45	45	non-medical reasons [of conscience, including a religious belief,]
46	46	or confirmation that the student has completed the Internet-based
47	47	process described by Subsection (d-3) for declining the vaccination
48	48	on that basis, if applicable to the student.
49	49	(d-3) The Department of State Health Services shall develop
50	50	and implement a secure, Internet-based process to be used
51	51	exclusively at those public junior colleges that elect to use the
52	52	process to allow an entering student to apply online for an
53	53	exemption from the vaccination requirement under this section for
54	54	non-medical reasons [of conscience]. The online process portal
55	55	must be designed to ensure that duplicate exemption requests are
56	56	avoided to the greatest extent possible. The exemption form used by
57	57	a student to claim an exemption under the process must contain a
58	58	statement indicating that the student understands the benefits and
59	59	risks of the immunization and the benefits and risks of not
60	60	receiving the immunization.
61	61	(d-4) A public junior college may require an entering
62	62	student to use the Internet-based process under Subsection (d-3) as
63	63	the exclusive method to apply for an exemption from the vaccination
64	64	required under this section for non-medical reasons [of
65	65	conscience].
66	66	SECTION 3. Section 51.933(d), Education Code, is amended to
67	67	read as follows:
68	68	(d) No form of immunization is required for a person's
69	69	admission to an institution of higher education if the person
70	70	applying for admission:
71	71	(1) submits to the admitting official:
72	72	(A) an affidavit or a certificate signed by a
73	73	physician who is duly registered and licensed to practice medicine
74	74	within the United States in which it is stated that, in the
75	75	physician's opinion, the immunization required poses a significant
76	76	risk to the health and well-being of the applicant or any member of
77	77	the applicant's family or household; or
78	78	(B) an affidavit signed by the applicant or, if a
79	79	minor, by the applicant's parent or guardian stating that the
80	80	applicant declines immunization for non-medical reasons [of
81	81	conscience, including a religious belief]; or
82	82	(2) is a member of the armed forces of the United
83	83	States and is on active duty.
84	84	SECTION 4. Section 161.004(d), Health and Safety Code, is
85	85	amended to read as follows:
86	86	(d) A child is exempt from an immunization required by this
87	87	section if:
88	88	(1) a parent, managing conservator, or guardian states
89	89	that the immunization is being declined for non-medical reasons [of
90	90	conscience, including a religious belief]; or
91	91	(2) the immunization is medically contraindicated
92	92	based on the opinion of a physician licensed by any state in the
93	93	United States who has examined the child.
94	94	SECTION 5. Section 161.0041(a), Health and Safety Code, is
95	95	amended to read as follows:
96	96	(a) A person claiming an exemption from a required
97	97	immunization based on non-medical reasons [of conscience,
98	98	including a religious belief,] under Section 161.004 of this code,
99	99	Section 38.001, 51.9192, or 51.933, Education Code, or Section
100	100	42.043, Human Resources Code, must complete an affidavit on a form
101	101	provided by the department stating the reason for the exemption.
102	102	This subsection does not apply to a person claiming the exemption
103	103	using the Internet-based process under Section 51.9192(d-3),
104	104	Education Code.
105	105	SECTION 6. Section 224.002(c), Health and Safety Code, is
106	106	amended to read as follows:
107	107	(c) The policy may include procedures for a covered
108	108	individual to be exempt from the required vaccines based on
109	109	non-medical reasons [of conscience, including a religious belief].
110	110	SECTION 7. Section 42.043(d), Human Resources Code, is
111	111	amended to read as follows:
112	112	(d) No immunization may be required for admission to a
113	113	facility regulated under this chapter if a person applying for a
114	114	child's admission submits one of the following affidavits:
115	115	(1) an affidavit signed by a licensed physician
116	116	stating that the immunization poses a significant risk to the
117	117	health and well-being of the child or a member of the child's family
118	118	or household; or
119	119	(2) an affidavit signed by the child's parent or
120	120	guardian stating that the applicant declines immunization for
121	121	non-medical reasons [of conscience, including a religious belief].
122	122	SECTION 8. Section 42.04305(d), Human Resources Code, is
123	123	amended to read as follows:
124	124	(d) The policy shall include procedures for a facility
125	125	employee to be exempt from the required vaccines based on
126	126	non-medical reasons [of conscience, including a religious belief].
127	127	SECTION 9. As soon as practicable after the effective date
128	128	of this Act, the Department of State Health Services shall modify
129	129	the existing affidavit form required by Section 161.0041, Health
130	130	and Safety Code, as amended by this Act.
131	131	SECTION 10. The changes in law made by this Act to Section
132	132	38.001, Education Code, relating to public school students apply
133	133	beginning with the 2017-2018 school year.
134	134	SECTION 11. The changes in law made by this Act to Sections
135	135	51.9192 and 51.933, Education Code, apply only to entering students
136	136	enrolling in public institutions of higher education in this state
137	137	beginning with the 2017 fall semester.
138	138	SECTION 12. The change in law made by this Act to Section
139	139	42.043, Human Resources Code, applies beginning September 1, 2017.
140	140	An affidavit submitted to a facility before the effective date of
141	141	this Act is governed by the law in effect on the date the affidavit
142	142	is submitted, and the former law is continued in effect for that
143	143	purpose.
144	144	SECTION 13. This Act takes effect September 1, 2017.