BILL ANALYSIS Senate Research Center C.S.S.B. 2119 89R23539 MCF-D By: Sparks Health & Human Services 4/15/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT This legislation seeks to expand existing vaccine exemptions to medical and veterinary students. Under the Texas Administrative Code, students enrolled in non-veterinary health-related courses and veterinary health-related courses must receive a series of vaccines, even if they have a religious or conscience objection to receiving a vaccination. The option to receive a conscience exemption for a vaccination is extended to K-12 students and many other students in higher education. However, students enrolled in medical or veterinary schools do not have such exemption. Under Section 97.64 of the Administrative Code, there are also limited protections for medical or veterinary students who have medical reasons for not receiving a vaccination. Students may request a vaccine exemption by first requesting an affidavit from the Texas Department of Health and Human Services. A person receives the exemption form, which must then be notarized, and submits the form to a school. All public and private K-12 schools, higher education institutions, and childcare facilities must accept the exemptions. There are no such exemptions available for veterinary and medical students. Healthcare students must receive measles, mumps, tetanus-diphtheria, rubella, hepatitis B, and chickenpox vaccines. Veterinarians are required to receive the rabies, tetanus-diphtheria, and hepatitis B vaccines. S.B. 2119 amends the Texas Health and Safety Code by adding medical and veterinary students to those eligible to apply for a conscience exemption for vaccines. The committee substitute to S.B. 2119 also provides protections for medical or veterinary students who have medical reasons to not be vaccinated. This legislation provides that if a student receives an affidavit signed by a physician stating that the required immunization would be injurious to the student, the student may be exempt from receiving the required vaccination. Additionally, under the substitute, a student who does not receive a vaccination required by the school for medical or conscience reasons may not be excluded from school during a public health disaster declared by the Department of State Heath Services because of the student's immunization status. C.S.S.B. 2119 amends current law relating to an exemption from certain immunization requirements for medical and veterinary students. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 161.0041(a), Health and Safety Code, as follows: (a) Requires a person claiming an exemption from a required immunization based on reasons of conscience, including a religious belief, under certain sections, including Section 161.0053 of the Health and Safety Code, to complete an affidavit on a form provided by the Department of State Health Services (DSHS) stating the reason for the exemption. SECTION 2. Amends Subchapter A, Chapter 161, Health and Safety Code, by adding Section 161.0053, as follows: Sec. 161.0053. IMMUNIZATION EXEMPTION FOR MEDICAL OR VETERINARY STUDENT. (a) Defines "institution of higher education," "medical school," and "school of veterinary medicine." (b) Prohibits a student enrolled in a medical school or school of veterinary medicine, notwithstanding Section 51.933 (Immunization Requirements; Exception), Education Code, from being required to receive an immunization as a prerequisite to enrollment or participation in a course offered by the medical school or school of veterinary medicine if the student submits to the school's admitting official: (1) an affidavit signed by the student stating the student declines immunization for reasons of conscience, including a religious belief; or (2) an affidavit or certificate signed by a physician licensed to practice medicine in the United States stating, in the physician's opinion, the required immunization would be injurious to the health and well-being of the student. (c) Requires that an affidavit or certificate submitted under Subsection (b) be submitted to the admitting official not later than the 90th day after the date the affidavit or certificate is notarized. Requires that an affidavit submitted under Subsection (b)(1) be on a form described by Section 161.0041 (Immunization Exemption Affidavit Form). (d) Prohibits a student who has not received an immunization required by a medical school or school of veterinary medicine for a reason described by Subsection (b) from being excluded from school during a public health disaster or emergency declared by the commissioner of DSHS because of the student's immunization status. SECTION 3. Provides that Section 161.0053, Health and Safety Code, as added by this Act, applies beginning with the 20252026 school year. SECTION 4. Effective date: upon passage or September 1, 2025. BILL ANALYSIS Senate Research Center C.S.S.B. 2119 89R23539 MCF-D By: Sparks Health & Human Services 4/15/2025 Committee Report (Substituted) Senate Research Center C.S.S.B. 2119 89R23539 MCF-D By: Sparks Health & Human Services 4/15/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT This legislation seeks to expand existing vaccine exemptions to medical and veterinary students. Under the Texas Administrative Code, students enrolled in non-veterinary health-related courses and veterinary health-related courses must receive a series of vaccines, even if they have a religious or conscience objection to receiving a vaccination. The option to receive a conscience exemption for a vaccination is extended to K-12 students and many other students in higher education. However, students enrolled in medical or veterinary schools do not have such exemption. Under Section 97.64 of the Administrative Code, there are also limited protections for medical or veterinary students who have medical reasons for not receiving a vaccination. Students may request a vaccine exemption by first requesting an affidavit from the Texas Department of Health and Human Services. A person receives the exemption form, which must then be notarized, and submits the form to a school. All public and private K-12 schools, higher education institutions, and childcare facilities must accept the exemptions. There are no such exemptions available for veterinary and medical students. Healthcare students must receive measles, mumps, tetanus-diphtheria, rubella, hepatitis B, and chickenpox vaccines. Veterinarians are required to receive the rabies, tetanus-diphtheria, and hepatitis B vaccines. S.B. 2119 amends the Texas Health and Safety Code by adding medical and veterinary students to those eligible to apply for a conscience exemption for vaccines. The committee substitute to S.B. 2119 also provides protections for medical or veterinary students who have medical reasons to not be vaccinated. This legislation provides that if a student receives an affidavit signed by a physician stating that the required immunization would be injurious to the student, the student may be exempt from receiving the required vaccination. Additionally, under the substitute, a student who does not receive a vaccination required by the school for medical or conscience reasons may not be excluded from school during a public health disaster declared by the Department of State Heath Services because of the student's immunization status. C.S.S.B. 2119 amends current law relating to an exemption from certain immunization requirements for medical and veterinary students. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 161.0041(a), Health and Safety Code, as follows: (a) Requires a person claiming an exemption from a required immunization based on reasons of conscience, including a religious belief, under certain sections, including Section 161.0053 of the Health and Safety Code, to complete an affidavit on a form provided by the Department of State Health Services (DSHS) stating the reason for the exemption. SECTION 2. Amends Subchapter A, Chapter 161, Health and Safety Code, by adding Section 161.0053, as follows: Sec. 161.0053. IMMUNIZATION EXEMPTION FOR MEDICAL OR VETERINARY STUDENT. (a) Defines "institution of higher education," "medical school," and "school of veterinary medicine." (b) Prohibits a student enrolled in a medical school or school of veterinary medicine, notwithstanding Section 51.933 (Immunization Requirements; Exception), Education Code, from being required to receive an immunization as a prerequisite to enrollment or participation in a course offered by the medical school or school of veterinary medicine if the student submits to the school's admitting official: (1) an affidavit signed by the student stating the student declines immunization for reasons of conscience, including a religious belief; or (2) an affidavit or certificate signed by a physician licensed to practice medicine in the United States stating, in the physician's opinion, the required immunization would be injurious to the health and well-being of the student. (c) Requires that an affidavit or certificate submitted under Subsection (b) be submitted to the admitting official not later than the 90th day after the date the affidavit or certificate is notarized. Requires that an affidavit submitted under Subsection (b)(1) be on a form described by Section 161.0041 (Immunization Exemption Affidavit Form). (d) Prohibits a student who has not received an immunization required by a medical school or school of veterinary medicine for a reason described by Subsection (b) from being excluded from school during a public health disaster or emergency declared by the commissioner of DSHS because of the student's immunization status. SECTION 3. Provides that Section 161.0053, Health and Safety Code, as added by this Act, applies beginning with the 20252026 school year. SECTION 4. Effective date: upon passage or September 1, 2025.