Texas 2023 - 88th Regular

Texas Senate Bill SB626 Compare Versions

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11 88R6469 LRM-D
22 By: Hall S.B. No. 626
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the affidavit form provided by the Department of State
88 Health Services for certain immunization exemptions.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 38.001, Education Code, is amended by
1111 adding Subsection (c-2) to read as follows:
1212 (c-2) Notwithstanding this section, an elementary or
1313 secondary school may not deny admission to a student who fails to
1414 obtain the immunizations required under this section or to submit
1515 the affidavit described by Subsection (c)(1)(B) if the student or
1616 the student's parent or guardian provides to the school's admitting
1717 official documentation evidencing that a request to obtain the
1818 affidavit has been submitted to the Department of State Health
1919 Services under Section 161.0041, Health and Safety Code.
2020 SECTION 2. Section 51.9192, Education Code, is amended by
2121 adding Subsection (d-7) to read as follows:
2222 (d-7) Subsection (c) does not apply to a student who fails
2323 to obtain a bacterial meningitis vaccination dose or booster or to
2424 submit the affidavit described by Subsection (d)(2) if the student
2525 or the student's parent or guardian provides to the institution
2626 documentation evidencing that a request to obtain the affidavit has
2727 been submitted to the Department of State Health Services under
2828 Section 161.0041, Health and Safety Code.
2929 SECTION 3. Section 51.933, Education Code, is amended by
3030 adding Subsection (d-2) to read as follows:
3131 (d-2) Notwithstanding this section, an institution of
3232 higher education may not deny admission to a person who fails to
3333 obtain an immunization required by this section or to submit the
3434 affidavit described by Subsection (d)(1)(B) if the person or the
3535 person's parent or guardian provides to the institution's admitting
3636 official documentation evidencing that a request to obtain the
3737 affidavit has been submitted to the Department of State Health
3838 Services under Section 161.0041, Health and Safety Code.
3939 SECTION 4. Section 161.0041, Health and Safety Code, is
4040 amended by amending Subsection (c) and adding Subsection (c-1) to
4141 read as follows:
4242 (c) A person claiming an exemption from a required
4343 immunization under this section may only obtain the affidavit form
4444 by submitting a [written] request for the affidavit form to the
4545 department. The department shall allow a person to electronically
4646 submit a request for the affidavit form through the department's
4747 Internet website.
4848 (c-1) The department shall develop and provide to each
4949 person who submits a request for the affidavit form a standardized
5050 receipt confirming submission of the request, regardless of whether
5151 the request was submitted electronically, in person, or by mail or
5252 fax.
5353 SECTION 5. Section 42.043, Human Resources Code, is amended
5454 by adding Subsection (d-2) to read as follows:
5555 (d-2) Notwithstanding this section, a facility regulated
5656 under this chapter may not deny admission to a child who fails to
5757 obtain the immunizations required under this section or to submit
5858 the affidavit described by Subsection (d)(2) if the child's parent
5959 or guardian provides to the facility documentation evidencing that
6060 a request to obtain the affidavit has been submitted to the
6161 Department of State Health Services under Section 161.0041, Health
6262 and Safety Code.
6363 SECTION 6. This Act takes effect immediately if it receives
6464 a vote of two-thirds of all the members elected to each house, as
6565 provided by Section 39, Article III, Texas Constitution. If this
6666 Act does not receive the vote necessary for immediate effect, this
6767 Act takes effect September 1, 2023.