| 1 | | - | By: Sparks, Hughes S.B. No. 2119 |
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| 2 | | - | (In the Senate - Filed March 10, 2025; March 24, 2025, read |
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| 3 | | - | first time and referred to Committee on Health & Human Services; |
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| 4 | | - | April 16, 2025, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 6, Nays 3; April 16, 2025, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2119 By: Sparks |
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| 1 | + | 89R12396 MCF-D |
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| 2 | + | By: Sparks S.B. No. 2119 |
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| 9 | 3 | | |
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| 10 | 4 | | |
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| 11 | 5 | | |
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| 12 | 6 | | |
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| 13 | 7 | | A BILL TO BE ENTITLED |
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| 14 | 8 | | AN ACT |
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| 15 | 9 | | relating to an exemption from certain immunization requirements for |
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| 16 | 10 | | medical and veterinary students. |
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| 17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 12 | | SECTION 1. Section 161.0041(a), Health and Safety Code, is |
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| 19 | 13 | | amended to read as follows: |
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| 20 | 14 | | (a) A person claiming an exemption from a required |
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| 21 | 15 | | immunization based on reasons of conscience, including a religious |
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| 22 | 16 | | belief, under Section 161.004 or 161.0053 of this code, Section |
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| 23 | 17 | | 38.001, 51.9192, or 51.933, Education Code, or Section 42.043, |
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| 24 | 18 | | Human Resources Code, must complete an affidavit on a form provided |
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| 25 | 19 | | by the department stating the reason for the exemption. This |
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| 26 | 20 | | subsection does not apply to a person claiming the exemption using |
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| 27 | 21 | | the Internet-based process under Section 51.9192(d-3), Education |
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| 28 | 22 | | Code. |
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| 29 | 23 | | SECTION 2. Subchapter A, Chapter 161, Health and Safety |
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| 30 | 24 | | Code, is amended by adding Section 161.0053 to read as follows: |
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| 31 | 25 | | Sec. 161.0053. IMMUNIZATION EXEMPTION FOR MEDICAL OR |
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| 32 | 26 | | VETERINARY STUDENT. (a) In this section: |
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| 33 | 27 | | (1) "Institution of higher education" has the meaning |
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| 34 | 28 | | assigned by Section 61.003, Education Code. |
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| 35 | 29 | | (2) "Medical school" means: |
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| 36 | 30 | | (A) a medical school as defined by Section |
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| 37 | 31 | | 61.501, Education Code; or |
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| 38 | 32 | | (B) any other institution of higher education, or |
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| 39 | 33 | | school, department, or college of an institution of higher |
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| 40 | 34 | | education, that awards medical degrees. |
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| 41 | 35 | | (3) "School of veterinary medicine" means any school, |
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| 42 | 36 | | department, or college of an institution of higher education that |
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| 43 | 37 | | awards veterinary medicine degrees. |
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| 44 | 38 | | (b) Notwithstanding Section 51.933, Education Code, or any |
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| 45 | 39 | | other law, a student enrolled in a medical school or school of |
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| 46 | 40 | | veterinary medicine may not be required to receive an immunization |
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| 47 | 41 | | as a prerequisite to enrollment or participation in a course |
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| 48 | 42 | | offered by the medical school or school of veterinary medicine if |
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| 49 | | - | the student submits to the school's admitting official: |
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| 50 | | - | (1) an affidavit signed by the student stating the |
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| 51 | | - | student declines immunization for reasons of conscience, including |
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| 52 | | - | a religious belief; or |
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| 53 | | - | (2) an affidavit or certificate signed by a physician |
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| 54 | | - | licensed to practice medicine in the United States stating, in the |
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| 55 | | - | physician's opinion, the required immunization would be injurious |
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| 56 | | - | to the health and well-being of the student. |
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| 57 | | - | (c) An affidavit or certificate submitted under Subsection |
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| 58 | | - | (b) must be submitted to the admitting official not later than the |
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| 59 | | - | 90th day after the date the affidavit or certificate is notarized. |
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| 60 | | - | An affidavit submitted under Subsection (b)(1) must be on a form |
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| 61 | | - | described by Section 161.0041. |
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| 62 | | - | (d) A student who has not received an immunization required |
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| 63 | | - | by a medical school or school of veterinary medicine for a reason |
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| 64 | | - | described by Subsection (b) may not be excluded from school during a |
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| 65 | | - | public health disaster or emergency declared by the commissioner of |
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| 66 | | - | state health services because of the student's immunization status. |
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| 43 | + | the student submits to the school's admitting official an affidavit |
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| 44 | + | signed by the student stating the student declines immunization for |
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| 45 | + | reasons of conscience, including a religious belief. |
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| 46 | + | (c) An affidavit submitted under Subsection (b) must be on a |
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| 47 | + | form described by Section 161.0041 and submitted to the admitting |
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| 48 | + | official not later than the 90th day after the date the affidavit is |
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| 49 | + | notarized. |
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| 67 | 50 | | SECTION 3. Section 161.0053, Health and Safety Code, as |
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| 68 | 51 | | added by this Act, applies beginning with the 2025-2026 academic |
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| 69 | 52 | | year. |
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| 70 | 53 | | SECTION 4. This Act takes effect immediately if it receives |
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| 71 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 57 | | Act takes effect September 1, 2025. |
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