| 1 | 1 | | 87S30153 BDP-D |
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| 2 | 2 | | By: Eckhardt, et al. S.B. No. 38 |
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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 the immunization of public school students against the |
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| 8 | 8 | | coronavirus disease (COVID-19). |
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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. Section 38.001, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) In addition to the immunizations required under |
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| 13 | 13 | | Subsection (a) and subject to Subsection (c), each student for whom |
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| 14 | 14 | | a coronavirus disease (COVID-19) immunization fully approved by the |
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| 15 | 15 | | United States Food and Drug Administration is available shall be |
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| 16 | 16 | | fully immunized against the coronavirus disease (COVID-19). To |
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| 17 | 17 | | satisfy the requirement of this subsection, a student must show |
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| 18 | 18 | | proof that the student is immunized in accordance with the |
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| 19 | 19 | | recommended immunization schedule adopted by the Department of |
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| 20 | 20 | | State Health Services based on guidelines and recommendations by |
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| 21 | 21 | | the federal Centers for Disease Control and Prevention. The |
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| 22 | 22 | | executive commissioner of the Health and Human Services Commission |
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| 23 | 23 | | shall adopt rules for the implementation of this subsection. |
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| 24 | 24 | | SECTION 2. Not later than June 1, 2022, the executive |
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| 25 | 25 | | commissioner of the Health and Human Services Commission shall |
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| 26 | 26 | | adopt the rules necessary to implement Section 38.001(a-1), |
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| 27 | 27 | | Education Code, as added by this Act. |
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| 28 | 28 | | SECTION 3. Section 38.001(a-1), Education Code, as added by |
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| 29 | 29 | | this Act, applies beginning with the 2022-2023 school year. |
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| 30 | 30 | | SECTION 4. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect on the 91st day after the last day of the |
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| 35 | 35 | | legislative session. |
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