Texas 2025 - 89th Regular

Texas Senate Bill SB117 Compare Versions

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11 89R2448 LRM-D
22 By: Hall S.B. No. 117
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to required immunizations for children and primary or
1010 secondary school students.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 81.023(a) and (c), Health and Safety
1313 Code, are amended to read as follows:
1414 (a) The executive commissioner may recommend to the
1515 legislature immunizations to include on the list of immunizations
1616 required [department shall develop immunization requirements] for
1717 children under Section 161.004.
1818 (c) The department shall cooperate with the State Board of
1919 Education in [formulating and] implementing immunization
2020 requirements for students admitted to public or private primary or
2121 secondary schools.
2222 SECTION 2. Section 161.004(a), Health and Safety Code, is
2323 amended to read as follows:
2424 (a) Every child in the state shall be immunized against
2525 diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus
2626 [vaccine preventable diseases caused by infectious agents] in
2727 accordance with the [immunization] schedule prescribed [adopted]
2828 in department rules. The executive commissioner may not require
2929 immunizations against any additional diseases for students
3030 admitted to a public or private primary or secondary school.
3131 SECTION 3. Sections 38.001(a) and (b-1), Education Code,
3232 are amended to read as follows:
3333 (a) Except as provided by Subsection (c), each [Each]
3434 student shall be fully immunized against the diseases listed in
3535 Section 161.004, Health and Safety Code [diphtheria, rubeola,
3636 rubella, mumps, tetanus, and poliomyelitis, except as provided by
3737 Subsection (c)].
3838 (b-1) Each year, the Department of State Health Services
3939 shall prepare a list of the immunizations required under Section
4040 161.004, Health and Safety Code, [this section] for admission to
4141 public schools [and of any additional immunizations the department
4242 recommends for school-age children]. The department shall prepare
4343 the list in English and Spanish and make the list available in a
4444 manner that permits a school district to easily post the list on the
4545 district's Internet website as required by Section 38.019.
4646 SECTION 4. Section 38.019(a), Education Code, is amended to
4747 read as follows:
4848 (a) A school district that maintains an Internet website
4949 shall post prominently on the website:
5050 (1) a list, in English and Spanish, of:
5151 (A) the immunizations required for admission to
5252 public school in accordance with [by rules of the Department of
5353 State Health Services adopted under] Section 38.001; and
5454 (B) [any immunizations or vaccines recommended
5555 for public school students by the Department of State Health
5656 Services; and
5757 [(C)] health clinics in the district that offer
5858 the influenza vaccine, to the extent those clinics are known to the
5959 district; and
6060 (2) a link to the page on the Department of State
6161 Health Services Internet website that provides [where a person may
6262 obtain] information relating to the procedures for claiming an
6363 exemption from the immunization requirements of Section 38.001.
6464 SECTION 5. Section 42.043(b), Human Resources Code, is
6565 amended to read as follows:
6666 (b) The department shall require that each child at an
6767 appropriate age have a test for tuberculosis and be immunized
6868 against the diseases listed in Section 161.004, Health and Safety
6969 Code [diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola,
7070 invasive pneumococcal disease, and hepatitis A and against any
7171 other communicable disease as recommended by the Department of
7272 State Health Services]. The immunization must be effective on the
7373 date of first entry into the facility. However, a child may be
7474 provisionally admitted if the required immunizations have begun and
7575 are completed as rapidly as medically feasible.
7676 SECTION 6. Section 38.001(b), Education Code, as amended by
7777 Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
7878 Legislature, Regular Session, 2007, is repealed.
7979 SECTION 7. The changes in law made by this Act to Chapter
8080 38, Education Code, apply starting with the 2025-2026 school year.
8181 SECTION 8. This Act takes effect immediately if it receives
8282 a vote of two-thirds of all the members elected to each house, as
8383 provided by Section 39, Article III, Texas Constitution. If this
8484 Act does not receive the vote necessary for immediate effect, this
8585 Act takes effect September 1, 2025.