| 1 | 1 | | 86R6968 LED-D |
|---|
| 2 | 2 | | By: Krause H.B. No. 1490 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to claiming an exemption from required immunizations for |
|---|
| 8 | 8 | | public school students. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 161.0041(d) and (e), Health and Safety |
|---|
| 11 | 11 | | Code, are amended to read as follows: |
|---|
| 12 | 12 | | (d) The department shall develop a blank affidavit form to |
|---|
| 13 | 13 | | be used by a person claiming an exemption from a required |
|---|
| 14 | 14 | | immunization and make that form available on the department's |
|---|
| 15 | 15 | | Internet website and in all public schools [that contains a seal or |
|---|
| 16 | 16 | | other security device to prevent reproduction of the form]. The |
|---|
| 17 | 17 | | affidavit form shall contain a statement indicating that the person |
|---|
| 18 | 18 | | or, if a minor, the person's parent, managing conservator, or |
|---|
| 19 | 19 | | guardian understands the benefits and risks of immunizations and |
|---|
| 20 | 20 | | the benefits and risks of not being immunized. |
|---|
| 21 | 21 | | (e) [The department shall maintain a record of the total |
|---|
| 22 | 22 | | number of affidavit forms sent out each year and shall report that |
|---|
| 23 | 23 | | information to the legislature each year.] The department may not |
|---|
| 24 | 24 | | maintain a record of the number of affidavit forms submitted or the |
|---|
| 25 | 25 | | names of individuals who submit [request] an affidavit form under |
|---|
| 26 | 26 | | this section. |
|---|
| 27 | 27 | | SECTION 2. Section 161.0041(c), Health and Safety Code, is |
|---|
| 28 | 28 | | repealed. |
|---|
| 29 | 29 | | SECTION 3. As soon as practicable after the effective date |
|---|
| 30 | 30 | | of this Act, the Department of State Health Services shall modify |
|---|
| 31 | 31 | | the existing affidavit form required by Section 161.0041, Health |
|---|
| 32 | 32 | | and Safety Code, as amended by this Act. |
|---|
| 33 | 33 | | SECTION 4. This Act applies beginning with the 2019-2020 |
|---|
| 34 | 34 | | school year. |
|---|
| 35 | 35 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 39 | 39 | | Act takes effect September 1, 2019. |
|---|