Bill Text: TX SB1114 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a policy on vaccine-preventable diseases for public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-23 - Left pending in committee [SB1114 Detail]
Download: Texas-2015-SB1114-Introduced.html
84R12212 MEW-D | ||
By: Garcia | S.B. No. 1114 |
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relating to a policy on vaccine-preventable diseases for public | ||
schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.0022 to read as follows: | ||
Sec. 38.0022. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED. | ||
(a) In this section: | ||
(1) "School employee" means an employee of a public | ||
school. | ||
(2) "Vaccine-preventable diseases" means the diseases | ||
included in the most current recommendations of the Advisory | ||
Committee on Immunization Practices of the Centers for Disease | ||
Control and Prevention. | ||
(b) Each public school shall develop and implement a policy | ||
to protect the students attending the public school from | ||
vaccine-preventable diseases. | ||
(c) The policy must: | ||
(1) require each school employee to receive vaccines | ||
for the vaccine-preventable diseases specified by the school based | ||
on the level of risk the employee presents to students by the | ||
employee's routine and direct exposure to students; | ||
(2) specify the vaccines a school employee is required | ||
to receive based on the level of risk the employee presents to | ||
students by the employee's routine and direct exposure to students; | ||
(3) include procedures for verifying whether a school | ||
employee has complied with the policy; | ||
(4) include procedures for a school employee to be | ||
exempt from the required vaccines for the medical conditions | ||
identified as contraindications or precautions by the Centers for | ||
Disease Control and Prevention; | ||
(5) for a school employee who is exempt from the | ||
required vaccines, include procedures the employee must follow to | ||
protect students attending the school from exposure to disease, | ||
such as the use of protective medical equipment, including gloves | ||
and masks, based on the level of risk the employee presents to | ||
students by the employee's routine and direct exposure to students; | ||
(6) prohibit discrimination or retaliatory action | ||
against a school employee who is exempt from the required vaccines | ||
for the medical conditions identified as contraindications or | ||
precautions by the Centers for Disease Control and Prevention, | ||
except that required use of protective medical equipment, including | ||
gloves and masks, may not be considered retaliatory action for | ||
purposes of this subdivision; | ||
(7) require the public school to maintain a written or | ||
electronic record of each school employee's compliance with or | ||
exemption from the policy; and | ||
(8) state the disciplinary actions the public school | ||
is authorized to take against a school employee who fails to comply | ||
with the policy. | ||
(d) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 2. Not later than June 1, 2016, the commissioner of | ||
education shall adopt the rules necessary to implement Section | ||
38.0022, Education Code, as added by this Act. | ||
SECTION 3. Notwithstanding Section 38.0022, Education | ||
Code, as added by this Act, a school district or open-enrollment | ||
charter school subject to that section is not required to have a | ||
policy on vaccine-preventable diseases in effect until September 1, | ||
2016. | ||
SECTION 4. This Act takes effect September 1, 2015. |