SB117 - Relating to required immunizations for children and primary or secondary school students.

  89R2448 LRM-D     By: Hall S.B. No. 117       A BILL TO BE ENTITLED   AN ACT   relating to required immunizations for children and primary or   secondary school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 81.023(a) and (c), Health and Safety   Code, are amended to read as follows:          (a)  The executive commissioner may recommend to the   legislature immunizations to include on the list of immunizations   required [ department shall develop immunization requirements ] for   children under Section 161.004 .          (c)  The department shall cooperate with the State Board of   Education in [ formulating and ] implementing immunization   requirements for students admitted to public or private primary or   secondary schools.          SECTION 2.  Section 161.004(a), Health and Safety Code, is   amended to read as follows:          (a)  Every child in the state shall be immunized against   diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus   [ vaccine preventable diseases caused by infectious agents ] in   accordance with the [ immunization ] schedule prescribed [ adopted ]   in department rules.   The executive commissioner may not require   immunizations against any additional diseases for students   admitted to a public or private primary or secondary school.          SECTION 3.  Sections 38.001(a) and (b-1), Education Code,   are amended to read as follows:          (a)   Except as provided by Subsection (c), each [ Each ]   student shall be fully immunized against the diseases listed in   Section 161.004, Health and Safety Code [ diphtheria, rubeola,   rubella, mumps, tetanus, and poliomyelitis, except as provided by   Subsection (c) ].          (b-1)  Each year, the Department of State Health Services   shall prepare a list of the immunizations required under Section   161.004, Health and Safety Code,  [ this section ] for admission to   public schools [ and of any additional immunizations the department   recommends for school-age children ].  The department shall prepare   the list in English and Spanish and make the list available in a   manner that permits a school district to easily post the list on the   district's Internet website as required by Section 38.019.          SECTION 4.  Section 38.019(a), Education Code, is amended to   read as follows:          (a)  A school district that maintains an Internet website   shall post prominently on the website:                (1)  a list, in English and Spanish, of:                      (A)  the immunizations required for admission to   public school in accordance with [ by rules of the Department of   State Health Services adopted under ] Section 38.001; and                      (B)  [ any immunizations or vaccines recommended   for public school students by the Department of State Health   Services; and                      [ (C) ]  health clinics in the district that offer   the influenza vaccine, to the extent those clinics are known to the   district; and                (2)  a link to the page on the Department of State   Health Services Internet website that provides [ where a person may   obtain ] information relating to the procedures for claiming an   exemption from the immunization requirements of Section 38.001.          SECTION 5.  Section 42.043(b), Human Resources Code, is   amended to read as follows:          (b)  The department shall require that each child at an   appropriate age have a test for tuberculosis and be immunized   against the diseases listed in Section 161.004, Health and Safety   Code [ diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola,   invasive pneumococcal disease, and hepatitis A and against any   other communicable disease as recommended by the Department of   State Health Services ].  The immunization must be effective on the   date of first entry into the facility.  However, a child may be   provisionally admitted if the required immunizations have begun and   are completed as rapidly as medically feasible.          SECTION 6.  Section 38.001(b), Education Code, as amended by   Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th   Legislature, Regular Session, 2007, is repealed.          SECTION 7.  The changes in law made by this Act to Chapter   38, Education Code, apply starting with the 2025-2026 school year.          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, 2025.