1 | 1 | | 89R2448 LRM-D |
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2 | 2 | | By: Hall S.B. No. 117 |
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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 required immunizations for children and primary or |
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10 | 10 | | secondary school students. |
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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. Sections 81.023(a) and (c), Health and Safety |
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13 | 13 | | Code, are amended to read as follows: |
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14 | 14 | | (a) The executive commissioner may recommend to the |
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15 | 15 | | legislature immunizations to include on the list of immunizations |
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16 | 16 | | required [department shall develop immunization requirements] for |
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17 | 17 | | children under Section 161.004. |
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18 | 18 | | (c) The department shall cooperate with the State Board of |
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19 | 19 | | Education in [formulating and] implementing immunization |
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20 | 20 | | requirements for students admitted to public or private primary or |
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21 | 21 | | secondary schools. |
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22 | 22 | | SECTION 2. Section 161.004(a), Health and Safety Code, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | (a) Every child in the state shall be immunized against |
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25 | 25 | | diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus |
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26 | 26 | | [vaccine preventable diseases caused by infectious agents] in |
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27 | 27 | | accordance with the [immunization] schedule prescribed [adopted] |
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28 | 28 | | in department rules. The executive commissioner may not require |
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29 | 29 | | immunizations against any additional diseases for students |
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30 | 30 | | admitted to a public or private primary or secondary school. |
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31 | 31 | | SECTION 3. Sections 38.001(a) and (b-1), Education Code, |
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32 | 32 | | are amended to read as follows: |
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33 | 33 | | (a) Except as provided by Subsection (c), each [Each] |
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34 | 34 | | student shall be fully immunized against the diseases listed in |
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35 | 35 | | Section 161.004, Health and Safety Code [diphtheria, rubeola, |
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36 | 36 | | rubella, mumps, tetanus, and poliomyelitis, except as provided by |
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37 | 37 | | Subsection (c)]. |
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38 | 38 | | (b-1) Each year, the Department of State Health Services |
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39 | 39 | | shall prepare a list of the immunizations required under Section |
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40 | 40 | | 161.004, Health and Safety Code, [this section] for admission to |
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41 | 41 | | public schools [and of any additional immunizations the department |
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42 | 42 | | recommends for school-age children]. The department shall prepare |
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43 | 43 | | the list in English and Spanish and make the list available in a |
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44 | 44 | | manner that permits a school district to easily post the list on the |
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45 | 45 | | district's Internet website as required by Section 38.019. |
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46 | 46 | | SECTION 4. Section 38.019(a), Education Code, is amended to |
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47 | 47 | | read as follows: |
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48 | 48 | | (a) A school district that maintains an Internet website |
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49 | 49 | | shall post prominently on the website: |
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50 | 50 | | (1) a list, in English and Spanish, of: |
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51 | 51 | | (A) the immunizations required for admission to |
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52 | 52 | | public school in accordance with [by rules of the Department of |
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53 | 53 | | State Health Services adopted under] Section 38.001; and |
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54 | 54 | | (B) [any immunizations or vaccines recommended |
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55 | 55 | | for public school students by the Department of State Health |
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56 | 56 | | Services; and |
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57 | 57 | | [(C)] health clinics in the district that offer |
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58 | 58 | | the influenza vaccine, to the extent those clinics are known to the |
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59 | 59 | | district; and |
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60 | 60 | | (2) a link to the page on the Department of State |
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61 | 61 | | Health Services Internet website that provides [where a person may |
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62 | 62 | | obtain] information relating to the procedures for claiming an |
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63 | 63 | | exemption from the immunization requirements of Section 38.001. |
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64 | 64 | | SECTION 5. Section 42.043(b), Human Resources Code, is |
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65 | 65 | | amended to read as follows: |
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66 | 66 | | (b) The department shall require that each child at an |
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67 | 67 | | appropriate age have a test for tuberculosis and be immunized |
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68 | 68 | | against the diseases listed in Section 161.004, Health and Safety |
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69 | 69 | | Code [diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, |
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70 | 70 | | invasive pneumococcal disease, and hepatitis A and against any |
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71 | 71 | | other communicable disease as recommended by the Department of |
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72 | 72 | | State Health Services]. The immunization must be effective on the |
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73 | 73 | | date of first entry into the facility. However, a child may be |
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74 | 74 | | provisionally admitted if the required immunizations have begun and |
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75 | 75 | | are completed as rapidly as medically feasible. |
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76 | 76 | | SECTION 6. Section 38.001(b), Education Code, as amended by |
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77 | 77 | | Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th |
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78 | 78 | | Legislature, Regular Session, 2007, is repealed. |
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79 | 79 | | SECTION 7. The changes in law made by this Act to Chapter |
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80 | 80 | | 38, Education Code, apply starting with the 2025-2026 school year. |
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81 | 81 | | SECTION 8. This Act takes effect immediately if it receives |
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82 | 82 | | a vote of two-thirds of all the members elected to each house, as |
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83 | 83 | | provided by Section 39, Article III, Texas Constitution. If this |
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84 | 84 | | Act does not receive the vote necessary for immediate effect, this |
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85 | 85 | | Act takes effect September 1, 2025. |
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