Bill Text: TX SB626 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the affidavit form provided by the Department of State Health Services for certain immunization exemptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-02-17 - Referred to Health & Human Services [SB626 Detail]

Download: Texas-2023-SB626-Introduced.html
  88R6469 LRM-D
 
  By: Hall S.B. No. 626
 
 
 
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 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, 2023.
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