By: Sparks, Hughes S.B. No. 2119
(In the Senate - Filed March 10, 2025; March 24, 2025, read
first time and referred to Committee on Health & Human Services;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 3; April 16, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2119 By: Sparks
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from certain immunization requirements for
medical and veterinary students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.0041(a), Health and Safety Code, is
amended to read as follows:
(a) A person claiming an exemption from a required
immunization based on reasons of conscience, including a religious
belief, under Section 161.004 or 161.0053 of this code, Section
38.001, 51.9192, or 51.933, Education Code, or Section 42.043,
Human Resources Code, must complete an affidavit on a form provided
by the department stating the reason for the exemption. This
subsection does not apply to a person claiming the exemption using
the Internet-based process under Section 51.9192(d-3), Education
Code.
SECTION 2. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0053 to read as follows:
Sec. 161.0053. IMMUNIZATION EXEMPTION FOR MEDICAL OR
VETERINARY STUDENT. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(2) "Medical school" means:
(A) a medical school as defined by Section
61.501, Education Code; or
(B) any other institution of higher education, or
school, department, or college of an institution of higher
education, that awards medical degrees.
(3) "School of veterinary medicine" means any school,
department, or college of an institution of higher education that
awards veterinary medicine degrees.
(b) Notwithstanding Section 51.933, Education Code, or any
other law, a student enrolled in a medical school or school of
veterinary medicine may not be 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) An affidavit or certificate submitted under Subsection
(b) must be submitted to the admitting official not later than the
90th day after the date the affidavit or certificate is notarized.
An affidavit submitted under Subsection (b)(1) must be on a form
described by Section 161.0041.
(d) 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) may not be excluded from school during a
public health disaster or emergency declared by the commissioner of
state health services because of the student's immunization status.
SECTION 3. Section 161.0053, Health and Safety Code, as
added by this Act, applies beginning with the 2025-2026 academic
year.
SECTION 4. 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.
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