| 1 | 1 | | 89R6415 TSS-D |
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| 2 | 2 | | By: Frank H.B. No. 4587 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the provisional admission to an elementary or secondary |
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| 10 | 10 | | school of students requesting certain immunization exemptions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 38.001, Education Code, is amended by |
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| 13 | 13 | | adding Subsection (c-2) to read as follows: |
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| 14 | 14 | | (c-2) Notwithstanding Subsection (a), an elementary or |
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| 15 | 15 | | secondary school shall provisionally admit a student who has not |
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| 16 | 16 | | obtained the immunizations required under this section or submitted |
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| 17 | 17 | | the affidavit described by Subsection (c)(1)(B) if the student or |
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| 18 | 18 | | the student's parent or guardian provides to the school's admitting |
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| 19 | 19 | | official documentation evidencing that a request to obtain the |
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| 20 | 20 | | affidavit has been submitted to the Department of State Health |
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| 21 | 21 | | Services under Section 161.0041, Health and Safety Code. The |
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| 22 | 22 | | Department of State Health Services shall adopt rules relating to |
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| 23 | 23 | | the provisional admission of a student under this subsection. |
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| 24 | 24 | | SECTION 2. Section 161.0041, Health and Safety Code, is |
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| 25 | 25 | | amended by amending Subsection (c) and adding Subsection (c-1) to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (c) A person claiming an exemption from a required |
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| 28 | 28 | | immunization under this section may only obtain the affidavit form |
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| 29 | 29 | | by submitting a [written] request for the affidavit form to the |
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| 30 | 30 | | department. The department shall allow a person to electronically |
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| 31 | 31 | | submit a request for the affidavit form through the department's |
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| 32 | 32 | | Internet website. |
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| 33 | 33 | | (c-1) The department shall develop and provide to each |
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| 34 | 34 | | person who submits a request for the affidavit form a standardized |
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| 35 | 35 | | receipt confirming submission of the request, regardless of whether |
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| 36 | 36 | | the request was submitted electronically, in person, or by mail or |
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| 37 | 37 | | fax. |
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| 38 | 38 | | SECTION 3. Section 38.001, Education Code, as amended by |
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| 39 | 39 | | this Act, applies beginning with the 2025-2026 school year. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2025. |
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