| 1 | 1 | | 87R8405 EAS-F |
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| 2 | 2 | | By: Leach H.B. No. 3222 |
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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 claiming an exemption from required immunizations for |
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| 8 | 8 | | school students. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 161.0041(c), (d), and (e), Health and |
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| 11 | 11 | | Safety Code, are amended to read as follows: |
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| 12 | 12 | | (c) The department shall develop a blank affidavit form to |
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| 13 | 13 | | be used by a person claiming an exemption from a required |
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| 14 | 14 | | immunization under this section and make the affidavit form |
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| 15 | 15 | | available in a printable format on the department's Internet |
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| 16 | 16 | | website and in all school nurse offices. A person claiming an |
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| 17 | 17 | | exemption from a required immunization [under this section] may |
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| 18 | 18 | | also [only] obtain the affidavit form by submitting a written |
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| 19 | 19 | | request for the affidavit form to the department. A person may not |
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| 20 | 20 | | be required to provide any information to obtain a blank affidavit |
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| 21 | 21 | | form under this subsection. |
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| 22 | 22 | | (d) [The department shall develop a blank affidavit form |
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| 23 | 23 | | that contains a seal or other security device to prevent |
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| 24 | 24 | | reproduction of the form.] The affidavit form shall contain a |
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| 25 | 25 | | statement indicating that the person or, if a minor, the person's |
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| 26 | 26 | | parent, managing conservator, or guardian understands the benefits |
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| 27 | 27 | | and risks of immunizations and the benefits and risks of not being |
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| 28 | 28 | | immunized. |
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| 29 | 29 | | (e) The department may [shall] maintain a record of the |
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| 30 | 30 | | total number of times an affidavit form was accessed on the |
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| 31 | 31 | | department's Internet website or requested under Subsection (c) |
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| 32 | 32 | | [forms sent out each year and shall report that information to the |
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| 33 | 33 | | legislature each year]. The department may not maintain a record of |
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| 34 | 34 | | the names of individuals who download, access, request, or submit |
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| 35 | 35 | | an affidavit form under this section. |
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| 36 | 36 | | SECTION 2. As soon as practicable after the effective date |
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| 37 | 37 | | of this Act, the Department of State Health Services shall modify |
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| 38 | 38 | | the existing affidavit form required by Section 161.0041, Health |
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| 39 | 39 | | and Safety Code, as amended by this Act. |
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| 40 | 40 | | SECTION 3. This Act applies beginning with the 2021-2022 |
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| 41 | 41 | | school year. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2021. |
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