By: Nelson	S.B. No. 62

	A BILL TO BE ENTITLED
	AN ACT
	relating to the vaccination against bacterial meningitis of
	entering students at public and private or independent institutions
	of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.9192, Education Code, is amended by
	amending Subsections (b), (d), and (d-1) and adding Subsections
	(d-2), (d-3), (d-4), (d-5), (d-6), and (f) to read as follows:
	(b)  This section applies only to an entering student at an
	institution of higher education or private or independent
	institution of higher education.  This section does not apply to a
	student of an institution who is enrolled only in online or other
	distance education courses or who is 22 [30] years of age or older.
	For purposes of this subsection, "entering student" includes:
	(1)  a new student, as defined by Section 51.9191; and
	(2)  a student who previously attended an institution
	of higher education or private or independent institution of higher
	education before January 1, 2012, and who is enrolling in the same
	or another institution of higher education or private or
	independent institution of higher education following a break in
	enrollment of at least one fall or spring semester.
	(d)  A student to whom this section applies 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, 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-1)  The [except that the] exemption provided by
	Subsection (d)(2) [this subdivision] does not apply during a
	disaster or public 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 (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
	reasons of conscience. The online process portal must be designed
	to 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 reasons of conscience.
	(d-5)  The Department of State Health Services shall report
	to the legislature annually the number of exemptions applied for in
	the preceding academic year using the Internet-based process under
	Subsection (d-3).
	(d-6) [(d-1)]  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 (d) and of the importance of consulting a physician
	about the need for immunization to prevent the disease.
	(f)  In this section, "public junior college" has the meaning
	assigned by Section 61.003.
	SECTION 2.  Subsection (a), Section 161.0041, 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 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 3.  The changes in law made by this Act apply
	beginning with entering students enrolling in public or private or
	independent institutions of higher education in this state on or
	after January 1, 2014.
	SECTION 4.  This Act takes effect October 1, 2013.