89R271 LRM-D
By: Swanson H.B. No. 730
A BILL TO BE ENTITLED
AN ACT
relating to the affidavit form for claiming an exemption from
required immunizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.0041(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) The department shall develop a blank affidavit form for
use in claiming an exemption from a required immunization and make
that form available on the department's Internet website and in all
public schools [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 shall maintain a record of the total
number of times an affidavit form was accessed on the department's
Internet website [forms sent out] each year and shall report that
information to the legislature each year. The department may not
maintain a record of the names of individuals who download or access
[request] an affidavit form under this section.
SECTION 2. Section 161.0041(c), 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repealed.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 immunization exemption affidavit form as 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.