Bill Text: TX HB2006 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to exemptions from immunization requirements for public school students and students at public institutions of higher education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-11 - Referred to Public Health [HB2006 Detail]
Download: Texas-2015-HB2006-Introduced.html
84R8216 MEW/KSD-D | ||
By: Villalba | H.B. No. 2006 |
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relating to exemptions from immunization requirements for public | ||
school students and students at public institutions of higher | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 38.001(c) and (f), Education Code, are | ||
amended to read as follows: | ||
(c) Immunization is not required for a person's admission to | ||
any elementary or secondary school if the person applying for | ||
admission: | ||
(1) submits to the admitting official: | ||
(A) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
in the United States, in which it is stated that, in the physician's | ||
opinion, the immunization required poses a significant risk to the | ||
health and well-being of the applicant or any member of the | ||
applicant's family or household; or | ||
(B) an affidavit signed by the applicant or, if a | ||
minor, by the applicant's parent or guardian stating that the | ||
applicant declines immunization for a specified and verifiable | ||
religious-based reason and that the immunization conflicts with the | ||
tenets and practices of a recognized church or religious | ||
denomination of which the applicant is an adherent or member | ||
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(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
(f) A person who has not received the immunizations required | ||
by this section [ |
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the person's specified and verifiable religious-based reason | ||
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emergency or epidemic declared by the commissioner of public | ||
health. | ||
SECTION 2. Section 51.9192, Education Code, is amended by | ||
amending Subsections (c), (d), (d-1), (d-2), (d-3), (d-4), and | ||
(d-6) and adding Subsection (c-1) to read as follows: | ||
(c) Except as provided by Subsection (c-1) or (d), a student | ||
to whom this section applies or a parent or guardian of the student | ||
must provide to the institution, at the time and in the manner | ||
prescribed by rules adopted by the Texas Higher Education | ||
Coordinating Board, a certificate signed by a health practitioner | ||
or an official immunization record evidencing that the student has | ||
received a bacterial meningitis vaccination dose or booster during | ||
the five-year period preceding the date established by the | ||
coordinating board under Subsection (e). | ||
(c-1) A student to whom this section applies who is an | ||
entering student at an institution of higher education, or a parent | ||
or guardian of the student, is not required to comply with | ||
Subsection (c) if the student or a parent or guardian of the student | ||
submits to the institution: | ||
(1) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
in the United States in which it is stated that, in the physician's | ||
opinion, the vaccination required would be injurious to the health | ||
and well-being of the student; or | ||
(2) an affidavit signed by the student stating that | ||
the student declines the vaccination for bacterial meningitis for | ||
a specified and verifiable religious-based reason and that the | ||
immunization conflicts with the tenets and practices of a | ||
recognized church or religious denomination of which the student is | ||
an adherent or member or confirmation that the student has | ||
completed the Internet-based process described by Subsection (d-3) | ||
for declining the vaccination on that basis, if applicable to the | ||
student. | ||
(d) A student to whom this section applies who is an | ||
entering student at a private or independent institution of higher | ||
education, or a parent or guardian of the student, is not required | ||
to comply with Subsection (c) if the student or a parent or guardian | ||
of the student submits to the institution: | ||
(1) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
in the United States in which it is stated that, in the physician's | ||
opinion, the vaccination required would be injurious to the health | ||
and well-being of the student; or | ||
(2) an affidavit signed by the student stating that | ||
the student declines the vaccination for bacterial meningitis for | ||
reasons of conscience, including a religious belief [ |
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(d-1) The exemptions [ |
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(c-1)(2) and (d)(2) do [ |
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health emergency, terrorist attack, hostile military or | ||
paramilitary action, or extraordinary law enforcement emergency | ||
declared by an appropriate official or other authority and in | ||
effect for the location of the institution the student attends. | ||
(d-2) An affidavit submitted under Subsection (c-1)(2) or | ||
(d)(2) must be: | ||
(1) on a form described by Section 161.0041, Health | ||
and Safety Code; and | ||
(2) submitted to the appropriate admitting official | ||
not later than the 90th day after the date the affidavit is | ||
notarized. | ||
(d-3) The Department of State Health Services shall develop | ||
and implement a secure, Internet-based process to be used | ||
exclusively at those public junior colleges that elect to use the | ||
process to allow an entering student to apply online for an | ||
exemption from the vaccination requirement under this section for a | ||
religious-based reason described by Subsection (c-1)(2) [ |
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ensure that duplicate exemption requests are avoided to the | ||
greatest extent possible. The exemption form used by a student to | ||
claim an exemption under the process must contain a statement | ||
indicating that the student understands the benefits and risks of | ||
the immunization and the benefits and risks of not receiving the | ||
immunization. | ||
(d-4) A public junior college may require an entering | ||
student to use the Internet-based process under Subsection (d-3) as | ||
the exclusive method to apply for an exemption from the vaccination | ||
required under this section for a religious-based reason described | ||
by Subsection (c-1)(2) [ |
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(d-6) An institution of higher education or private or | ||
independent institution of higher education shall provide, with the | ||
registration materials that the institution provides to a student | ||
to whom this section applies before the student's initial | ||
enrollment in the institution, written notice of the right of the | ||
student or of a parent or guardian of the student to claim an | ||
exemption from the vaccination requirement in the manner prescribed | ||
by Subsection (c-1) or (d), as applicable to the institution, and of | ||
the importance of consulting a physician about the need for | ||
immunization to prevent the disease. | ||
SECTION 3. Section 51.933(d), Education Code, is amended to | ||
read as follows: | ||
(d) No form of immunization is required for a person's | ||
admission to an institution of higher education if the person | ||
applying for admission: | ||
(1) submits to the admitting official: | ||
(A) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
within the United States in which it is stated that, in the | ||
physician's opinion, the immunization required poses a significant | ||
risk to the health and well-being of the applicant or any member of | ||
the applicant's family or household; or | ||
(B) an affidavit signed by the applicant or, if a | ||
minor, by the applicant's parent or guardian stating that the | ||
applicant declines immunization for a specified and verifiable | ||
religious-based reason and that the immunization conflicts with the | ||
tenets and practices of a recognized church or religious | ||
denomination of which the student is an adherent or member [ |
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(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
SECTION 4. Section 161.004, Health and Safety Code, is | ||
amended by adding Subsection (d-1) to read as follows: | ||
(d-1) Subsection (d) does not authorize an exemption based | ||
on conscience for a student subject to Section 38.001, | ||
51.9192(c-1), or 51.933, Education Code. | ||
SECTION 5. Section 161.0041, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) A person claiming an exemption from a required | ||
immunization [ |
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the department stating the [ |
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(1) reasons of conscience, including a religious | ||
belief, under Section 161.004 of this code, Section 51.9192(d)(2), | ||
Education Code, or Section 42.043, Human Resources Code; or | ||
(2) a specified and verifiable religious-based reason | ||
under Section 38.001, 51.9192(c-1)(2), or 51.933, Education Code. | ||
(a-1) Subsection (a) [ |
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person claiming an [ |
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under Section 51.9192(d-3), Education Code. | ||
SECTION 6. The changes in law made by this Act to Section | ||
38.001, Education Code, relating to public school students apply | ||
beginning with the 2015-2016 school year. | ||
SECTION 7. The changes in law made by this Act to Sections | ||
51.9192 and 51.933, Education Code, apply only to entering students | ||
enrolling in public institutions of higher education in this state | ||
beginning with the 2015 fall semester. | ||
SECTION 8. 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, 2015. |