89R6415 TSS-D
By: Frank H.B. No. 4587
A BILL TO BE ENTITLED
AN ACT
relating to the provisional admission to an elementary or secondary
school of students requesting certain immunization exemptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.001, Education Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) Notwithstanding Subsection (a), an elementary or
secondary school shall provisionally admit a student who has not
obtained the immunizations required under this section or submitted
the affidavit described by Subsection (c)(1)(B) if the student or
the student's parent or guardian provides to the school's admitting
official documentation evidencing that a request to obtain the
affidavit has been submitted to the Department of State Health
Services under Section 161.0041, Health and Safety Code. The
Department of State Health Services shall adopt rules relating to
the provisional admission of a student under this subsection.
SECTION 2. Section 161.0041, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A person claiming an exemption from a required
immunization under this section may only obtain the affidavit form
by submitting a [written] request for the affidavit form to the
department. The department shall allow a person to electronically
submit a request for the affidavit form through the department's
Internet website.
(c-1) The department shall develop and provide to each
person who submits a request for the affidavit form a standardized
receipt confirming submission of the request, regardless of whether
the request was submitted electronically, in person, or by mail or
fax.
SECTION 3. Section 38.001, Education Code, as amended by
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.