By: Curry H.B. No. 1082
A BILL TO BE ENTITLED
AN ACT
relating to claiming an exemption from required immunizations for
school enrollment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.0041(c), (d), and (e), Health and
Safety Code, are amended to read as follows:
(c) The department shall develop a blank affidavit form to
be used by a person claiming an exemption from a required
immunization under this section and make the affidavit form
available in a printable format on the department's Internet
website and in all school nurse offices. A person claiming an
exemption from a required immunization [under this section] may
also [only] obtain the affidavit form by submitting a written
request for the affidavit form to the department. A person may not
be required to provide any information to obtain a blank affidavit
form under this subsection.
(d) [The department shall develop a blank affidavit form
that contains a seal or other security device to prevent
reproduction of the form.] The affidavit form shall contain a
statement indicating that the person or, if a minor, the person's
parent, managing conservator, or guardian understands the benefits
and risks of immunizations and the benefits and risks of not being
immunized.
(e) The department may [shall] maintain a record of the
total number of times an affidavit form was accessed on the
department's Internet website or requested under Subsection (c)
[forms sent out each year and shall report that information to the
legislature each year]. The department may not maintain a record of
any personally identifying information [the names] of individuals
who download, access, request, or submit an affidavit form under
this section.
SECTION 2. Section 161.0041(b), Health and Safety Code, is
repealed.
SECTION 3. As soon as practicable after the effective date
of this Act, the Department of State Health Services shall modify
the existing affidavit form required by Section 161.0041, Health
and Safety Code, as amended by this Act.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. 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 September 1, 2025.