89R2430 LRM-D
By: Hall S.B. No. 94
A BILL TO BE ENTITLED
AN ACT
relating to the affidavit form provided by the Department of State
Health Services for certain immunization exemptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.001, Education Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) Notwithstanding this section, an elementary or
secondary school may not deny admission to a student who fails to
obtain the immunizations required under this section or to submit
the affidavit described by Subsection (c)(1)(B) if the student or
the student's parent or guardian provides to the school's admitting
official documentation evidencing that a request to obtain the
affidavit has been submitted to the Department of State Health
Services under Section 161.0041, Health and Safety Code.
SECTION 2. Section 51.9192, Education Code, is amended by
adding Subsection (d-7) to read as follows:
(d-7) Subsection (c) does not apply to a student who fails
to obtain a bacterial meningitis vaccination dose or booster or to
submit the affidavit described by Subsection (d)(2) if the student
or the student's parent or guardian provides to the institution
documentation evidencing that a request to obtain the affidavit has
been submitted to the Department of State Health Services under
Section 161.0041, Health and Safety Code.
SECTION 3. Section 51.933, Education Code, is amended by
adding Subsection (d-2) to read as follows:
(d-2) Notwithstanding this section, an institution of
higher education may not deny admission to a person who fails to
obtain an immunization required by this section or to submit the
affidavit described by Subsection (d)(1)(B) if the person or, if
the person is a minor, the person's parent or guardian provides to
the institution's admitting official documentation evidencing that
a request to obtain the affidavit has been submitted to the
Department of State Health Services under Section 161.0041, Health
and Safety Code.
SECTION 4. Section 161.0041, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A person claiming an exemption from a required
immunization under this section may only obtain the affidavit form
by submitting a [written] request for the affidavit form to the
department. The department shall allow a person to electronically
submit a request for the affidavit form through the department's
Internet website.
(c-1) The department shall develop and provide to each
person who submits a request for the affidavit form a standardized
receipt confirming submission of the request, regardless of whether
the request was submitted electronically, in person, or by mail or
fax.
SECTION 5. Section 42.043, Human Resources Code, is amended
by adding Subsection (d-2) to read as follows:
(d-2) Notwithstanding this section, a facility regulated
under this chapter may not deny admission to a child who fails to
obtain the immunizations required under this section or to submit
the affidavit described by Subsection (d)(2) if the child's parent
or guardian provides to the facility documentation evidencing that
a request to obtain the affidavit has been submitted to the
Department of State Health Services under Section 161.0041, Health
and Safety Code.
SECTION 6. 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.