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repealed.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