Texas 2023 - 88th Regular

Texas Senate Bill SB1177 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R10763 LRM-D
2	2	By: Hall S.B. No. 1177
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to required immunizations for children and primary or
8	8	secondary school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 81.023(a) and (c), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(a) The executive commissioner may recommend to the
13	13	legislature immunizations to include on the list of immunizations
14	14	required [department shall develop immunization requirements] for
15	15	children under Section 161.004.
16	16	(c) The department shall cooperate with the State Board of
17	17	Education in [formulating and] implementing immunization
18	18	requirements for students admitted to public or private primary or
19	19	secondary schools.
20	20	SECTION 2. Section 161.004(a), Health and Safety Code, is
21	21	amended to read as follows:
22	22	(a) Every child in the state shall be immunized against
23	23	diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus
24	24	[vaccine preventable diseases caused by infectious agents] in
25	25	accordance with the [immunization] schedule prescribed [adopted]
26	26	in department rules. The executive commissioner may not require
27	27	immunizations against any additional diseases for students
28	28	admitted to a public or private primary or secondary school.
29	29	SECTION 3. Sections 38.001(a) and (b-1), Education Code,
30	30	are amended to read as follows:
31	31	(a) Except as provided by Subsection (c), each [Each]
32	32	student shall be fully immunized against the diseases listed in
33	33	Section 161.004, Health and Safety Code [diphtheria, rubeola,
34	34	rubella, mumps, tetanus, and poliomyelitis, except as provided by
35	35	Subsection (c)].
36	36	(b-1) Each year, the Department of State Health Services
37	37	shall prepare a list of the immunizations required [under this
38	38	section] for admission to public schools [and of any additional
39	39	immunizations the department recommends for school-age children].
40	40	The department shall prepare the list in English and Spanish and
41	41	make the list available in a manner that permits a school district
42	42	to easily post the list on the district's Internet website as
43	43	required by Section 38.019.
44	44	SECTION 4. Section 38.019(a), Education Code, is amended to
45	45	read as follows:
46	46	(a) A school district that maintains an Internet website
47	47	shall post prominently on the website:
48	48	(1) a list, in English and Spanish, of:
49	49	(A) the immunizations required for admission to
50	50	public school in accordance with [by rules of the Department of
51	51	State Health Services adopted under] Section 38.001; and
52	52	(B) [any immunizations or vaccines recommended
53	53	for public school students by the Department of State Health
54	54	Services; and
55	55	[(C)] health clinics in the district that offer
56	56	the influenza vaccine, to the extent those clinics are known to the
57	57	district; and
58	58	(2) a link to the page on the Department of State
59	59	Health Services Internet website that provides [where a person may
60	60	obtain] information relating to the procedures for claiming an
61	61	exemption from the immunization requirements of Section 38.001.
62	62	SECTION 5. Section 42.043(b), Human Resources Code, is
63	63	amended to read as follows:
64	64	(b) The department shall require that each child at an
65	65	appropriate age have a test for tuberculosis and be immunized
66	66	against the diseases listed in Section 161.004, Health and Safety
67	67	Code [diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola,
68	68	invasive pneumococcal disease, and hepatitis A and against any
69	69	other communicable disease as recommended by the Department of
70	70	State Health Services]. The immunization must be effective on the
71	71	date of first entry into the facility. However, a child may be
72	72	provisionally admitted if the required immunizations have begun and
73	73	are completed as rapidly as medically feasible.
74	74	SECTION 6. Section 38.001(b), Education Code, as amended by
75	75	Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
76	76	Legislature, Regular Session, 2007, is repealed.
77	77	SECTION 7. The changes in law made by this Act to Chapter
78	78	38, Education Code, apply starting with the 2023-2024 school year.
79	79	SECTION 8. This Act takes effect September 1, 2023.