87S30153 BDP-D By: Eckhardt, et al. S.B. No. 38 A BILL TO BE ENTITLED AN ACT relating to the immunization of public school students against the coronavirus disease (COVID-19). BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 38.001, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) In addition to the immunizations required under Subsection (a) and subject to Subsection (c), each student for whom a coronavirus disease (COVID-19) immunization fully approved by the United States Food and Drug Administration is available shall be fully immunized against the coronavirus disease (COVID-19). To satisfy the requirement of this subsection, a student must show proof that the student is immunized in accordance with the recommended immunization schedule adopted by the Department of State Health Services based on guidelines and recommendations by the federal Centers for Disease Control and Prevention. The executive commissioner of the Health and Human Services Commission shall adopt rules for the implementation of this subsection. SECTION 2. Not later than June 1, 2022, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Section 38.001(a-1), Education Code, as added by this Act. SECTION 3. Section 38.001(a-1), Education Code, as added by this Act, applies beginning with the 2022-2023 school year. SECTION 4. 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 on the 91st day after the last day of the legislative session.