Texas 2025 - 89th Regular

Texas Senate Bill SB94 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2430 LRM-D
2	2	By: Hall S.B. No. 94
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the affidavit form provided by the Department of State
10	10	Health Services for certain immunization exemptions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 38.001, Education Code, is amended by
13	13	adding Subsection (c-2) to read as follows:
14	14	(c-2) Notwithstanding this section, an elementary or
15	15	secondary school may not deny admission to a student who fails to
16	16	obtain the immunizations required under this section or to submit
17	17	the affidavit described by Subsection (c)(1)(B) if the student or
18	18	the student's parent or guardian provides to the school's admitting
19	19	official documentation evidencing that a request to obtain the
20	20	affidavit has been submitted to the Department of State Health
21	21	Services under Section 161.0041, Health and Safety Code.
22	22	SECTION 2. Section 51.9192, Education Code, is amended by
23	23	adding Subsection (d-7) to read as follows:
24	24	(d-7) Subsection (c) does not apply to a student who fails
25	25	to obtain a bacterial meningitis vaccination dose or booster or to
26	26	submit the affidavit described by Subsection (d)(2) if the student
27	27	or the student's parent or guardian provides to the institution
28	28	documentation evidencing that a request to obtain the affidavit has
29	29	been submitted to the Department of State Health Services under
30	30	Section 161.0041, Health and Safety Code.
31	31	SECTION 3. Section 51.933, Education Code, is amended by
32	32	adding Subsection (d-2) to read as follows:
33	33	(d-2) Notwithstanding this section, an institution of
34	34	higher education may not deny admission to a person who fails to
35	35	obtain an immunization required by this section or to submit the
36	36	affidavit described by Subsection (d)(1)(B) if the person or, if
37	37	the person is a minor, the person's parent or guardian provides to
38	38	the institution's admitting official documentation evidencing that
39	39	a request to obtain the affidavit has been submitted to the
40	40	Department of State Health Services under Section 161.0041, Health
41	41	and Safety Code.
42	42	SECTION 4. Section 161.0041, Health and Safety Code, is
43	43	amended by amending Subsection (c) and adding Subsection (c-1) to
44	44	read as follows:
45	45	(c) A person claiming an exemption from a required
46	46	immunization under this section may only obtain the affidavit form
47	47	by submitting a [written] request for the affidavit form to the
48	48	department. The department shall allow a person to electronically
49	49	submit a request for the affidavit form through the department's
50	50	Internet website.
51	51	(c-1) The department shall develop and provide to each
52	52	person who submits a request for the affidavit form a standardized
53	53	receipt confirming submission of the request, regardless of whether
54	54	the request was submitted electronically, in person, or by mail or
55	55	fax.
56	56	SECTION 5. Section 42.043, Human Resources Code, is amended
57	57	by adding Subsection (d-2) to read as follows:
58	58	(d-2) Notwithstanding this section, a facility regulated
59	59	under this chapter may not deny admission to a child who fails to
60	60	obtain the immunizations required under this section or to submit
61	61	the affidavit described by Subsection (d)(2) if the child's parent
62	62	or guardian provides to the facility documentation evidencing that
63	63	a request to obtain the affidavit has been submitted to the
64	64	Department of State Health Services under Section 161.0041, Health
65	65	and Safety Code.
66	66	SECTION 6. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2025.