Texas 2025 - 89th Regular

Texas House Bill HB2755 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10108 KRM-F
2	2	By: Rosenthal H.B. No. 2755
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for and transparency of epidemiological
10	10	reports and immunization exemption information and reports.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 81.047, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 81.047. EPIDEMIOLOGICAL REPORTS. (a) Subject to the
15	15	confidentiality requirements of this chapter, the department shall
16	16	require epidemiological reports of disease outbreaks and of
17	17	individual cases of disease suspected or known to be of importance
18	18	to the public health, including vaccine preventable diseases. The
19	19	department shall evaluate the reports to determine the trends
20	20	involved and the nature and magnitude of the hazards.
21	21	(b) The department shall prepare and submit to the
22	22	legislature and the governor not later than December 1 of each
23	23	even-numbered year a biennial report that contains:
24	24	(1) a report of outbreaks of vaccine preventable
25	25	diseases in this state; and
26	26	(2) de-identified immunization exemption information,
27	27	including the number of persons claiming an exemption from the
28	28	immunization requirements of Section 161.004 of this code, Sections
29	29	38.001, 51.9192, and 51.933, Education Code, and Section 42.043,
30	30	Human Resources Code.
31	31	SECTION 2. Section 38.002, Education Code, is amended by
32	32	amending Subsections (a) and (c) and adding Subsections (d), (e),
33	33	(f), and (g) to read as follows:
34	34	(a) Each public school shall keep an individual
35	35	immunization record during the period of attendance for each
36	36	student admitted. The records shall be open for inspection at all
37	37	reasonable times by the agency [Texas Education Agency] or by
38	38	representatives of local health departments or the [Texas]
39	39	Department of State Health Services.
40	40	(c) The agency [Texas Education Agency] and the [Texas]
41	41	Department of State Health Services shall develop the form for a
42	42	required annual report of the immunization status of students that
43	43	includes de-identified immunization exemption information. The
44	44	report shall be submitted by all schools at the time and in the
45	45	manner indicated in the instructions printed on the form.
46	46	(d) Each school district shall provide to the Department of
47	47	State Health Services the information required by Subsection (c)
48	48	for the district and each school campus in the district.
49	49	(e) The Department of State Health Services shall post on
50	50	the department's public Internet website the required annual report
51	51	submitted under Subsection (c) on the immunization status of
52	52	students for each school district and each school campus.
53	53	(f) On request of a student's parent or legal guardian, a
54	54	school district or school campus shall provide to the parent or
55	55	guardian a copy of the following information for the campus at which
56	56	the student is enrolled:
57	57	(1) the immunization rate disaggregated by type of
58	58	vaccine; and
59	59	(2) the information submitted under Subsection (c),
60	60	including:
61	61	(A) de-identified immunization exemption
62	62	information;
63	63	(B) the number of students provisionally
64	64	enrolled pending documentation of immunization;
65	65	(C) the number of students claiming an exemption
66	66	for reasons of conscience, including a religious belief;
67	67	(D) the number of students claiming an exemption
68	68	for a medical reason; and
69	69	(E) the number of students whose vaccinations are
70	70	not current.
71	71	(g) The commissioner and the executive commissioner of the
72	72	Health and Human Services Commission shall adopt rules as necessary
73	73	to ensure a report of the immunization status of students provided
74	74	under Subsections (e) and (f) complies with federal law regarding
75	75	confidentiality of student medical or educational information,
76	76	including the Health Insurance Portability and Accountability Act
77	77	of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational
78	78	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
79	79	SECTION 3. As soon as practicable after the effective date
80	80	of this Act, the Texas Education Agency shall update the form
81	81	required by Section 38.002(c), Education Code, as amended by this
82	82	Act, to comply with that subsection.
83	83	SECTION 4. This Act applies beginning with the 2025-2026
84	84	school year.
85	85	SECTION 5. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2025.