| 1 | 1 | | 86R4097 KKR-F |
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| 2 | 2 | | By: Seliger S.B. No. 329 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for and the transparency of |
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| 8 | 8 | | epidemiological reports and certain immunization exemption |
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| 9 | 9 | | information and reports. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 81.047, Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 81.047. EPIDEMIOLOGICAL REPORTS. (a) Subject to the |
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| 14 | 14 | | confidentiality requirements of this chapter, the department shall |
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| 15 | 15 | | require epidemiological reports of disease outbreaks and of |
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| 16 | 16 | | individual cases of disease suspected or known to be of importance |
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| 17 | 17 | | to the public health, including vaccine preventable diseases. The |
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| 18 | 18 | | department shall evaluate the reports to determine the trends |
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| 19 | 19 | | involved and the nature and magnitude of the hazards. |
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| 20 | 20 | | (b) The department shall prepare and submit to the |
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| 21 | 21 | | legislature and the governor not later than December 1 of each |
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| 22 | 22 | | even-numbered year a biennial report that contains: |
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| 23 | 23 | | (1) a report of outbreaks of vaccine preventable |
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| 24 | 24 | | diseases in this state; and |
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| 25 | 25 | | (2) de-identified immunization exemption information, |
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| 26 | 26 | | including the number of persons claiming an exemption from the |
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| 27 | 27 | | immunization requirements of Section 161.004 of this code, Sections |
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| 28 | 28 | | 38.001, 51.9192, and 51.933, Education Code, and Section 42.043, |
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| 29 | 29 | | Human Resources Code. |
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| 30 | 30 | | SECTION 2. Section 38.002, Education Code, is amended by |
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| 31 | 31 | | amending Subsections (a) and (c) and adding Subsections (d), (e), |
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| 32 | 32 | | and (f) to read as follows: |
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| 33 | 33 | | (a) Each public school shall keep an individual |
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| 34 | 34 | | immunization record during the period of attendance for each |
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| 35 | 35 | | student admitted. The records shall be open for inspection at all |
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| 36 | 36 | | reasonable times by the Texas Education Agency or by |
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| 37 | 37 | | representatives of local health departments or the [Texas] |
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| 38 | 38 | | Department of State Health Services. |
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| 39 | 39 | | (c) The Texas Education Agency and the [Texas] Department of |
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| 40 | 40 | | State Health Services shall develop the form for a required annual |
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| 41 | 41 | | report of the immunization status of students that includes |
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| 42 | 42 | | de-identified immunization exemption information. The report |
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| 43 | 43 | | shall be submitted by all schools at the time and in the manner |
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| 44 | 44 | | indicated in the instructions printed on the form. |
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| 45 | 45 | | (d) Each school district shall provide to the Department of |
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| 46 | 46 | | State Health Services the information required by Subsection (c) |
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| 47 | 47 | | for the district and for each school campus in the district. |
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| 48 | 48 | | (e) The Department of State Health Services shall make |
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| 49 | 49 | | available to the public in electronic form, on the department's |
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| 50 | 50 | | Internet website, the required annual report submitted under |
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| 51 | 51 | | Subsection (c) on the immunization status of students for each |
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| 52 | 52 | | school district and each school campus. |
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| 53 | 53 | | (f) On request of a student's parent or legal guardian, a |
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| 54 | 54 | | school district or school campus shall provide to the parent or |
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| 55 | 55 | | guardian a copy of the following information for the campus at which |
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| 56 | 56 | | the student is enrolled: |
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| 57 | 57 | | (1) the immunization rate disaggregated by type of |
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| 58 | 58 | | vaccine; and |
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| 59 | 59 | | (2) the information submitted under Subsection (c), |
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| 60 | 60 | | including: |
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| 61 | 61 | | (A) de-identified immunization exemption |
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| 62 | 62 | | information; |
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| 63 | 63 | | (B) the number of students provisionally |
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| 64 | 64 | | enrolled pending documentation of immunization; |
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| 65 | 65 | | (C) the number of students claiming an exemption |
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| 66 | 66 | | for reasons of conscience, including a religious belief; |
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| 67 | 67 | | (D) the number of students claiming an exemption |
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| 68 | 68 | | for a medical reason; and |
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| 69 | 69 | | (E) the number of students whose vaccinations are |
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| 70 | 70 | | not current. |
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| 71 | 71 | | SECTION 3. As soon as practicable after the effective date |
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| 72 | 72 | | of this Act, the Texas Education Agency shall update the form |
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| 73 | 73 | | required by Section 38.002(c), Education Code, as amended by this |
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| 74 | 74 | | Act, to comply with that subsection and Section 38.002(d), |
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| 75 | 75 | | Education Code, as added by this Act. |
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| 76 | 76 | | SECTION 4. This Act applies beginning with the 2019-2020 |
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| 77 | 77 | | school year. |
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| 78 | 78 | | SECTION 5. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2019. |
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