89R5266 KRM-D
By: Hull H.B. No. 1586
A BILL TO BE ENTITLED
AN ACT
relating to 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 for
a person to use in claiming an exemption from a required
immunization under this section and post the affidavit form in a
printable format on the department's Internet website. 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. Not later than the 30th day 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 3. This Act applies beginning with the 2025-2026
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 September 1, 2025.