bill requiring vaccine exemption reports

The text as introduced · 691 words

89R10108 KRM-F

By: Rosenthal
H.B. No. 2755

A BILL TO BE ENTITLED

AN ACT

relating to requirements for and transparency of epidemiological

reports and immunization exemption information and reports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.047, Health and Safety Code, is

amended to read as follows:

Sec. 81.047. EPIDEMIOLOGICAL REPORTS. (a) Subject to the

confidentiality requirements of this chapter, the department shall

require epidemiological reports of disease outbreaks and of

individual cases of disease suspected or known to be of importance

to the public health , including vaccine preventable diseases . The

department shall evaluate the reports to determine the trends

involved and the nature and magnitude of the hazards.

(b) The department shall prepare and submit to the

legislature and the governor not later than December 1 of each

even-numbered year a biennial report that contains:

(1) a report of outbreaks of vaccine preventable

diseases in this state; and

(2) de-identified immunization exemption information,

including the number of persons claiming an exemption from the

immunization requirements of Section 161.004 of this code, Sections

38.001, 51.9192, and 51.933, Education Code, and Section 42.043,

Human Resources Code.

SECTION 2. Section 38.002, Education Code, is amended by

amending Subsections (a) and (c) and adding Subsections (d), (e),

(f), and (g) to read as follows:

(a) Each public school shall keep an individual

immunization record during the period of attendance for each

student admitted. The records shall be open for inspection at all

reasonable times by the agency [ Texas Education Agency ] or by

representatives of local health departments or the [ Texas ]

Department of State Health Services .

(c) The agency [ Texas Education Agency ] and the [ Texas ]

Department of State Health Services shall develop the form for a

required annual report of the immunization status of students that

includes de-identified immunization exemption information . The

report shall be submitted by all schools at the time and in the

manner indicated in the instructions printed on the form.

(d) Each school district shall provide to the Department of

State Health Services the information required by Subsection (c)

for the district and each school campus in the district.

(e) The Department of State Health Services shall post on

the department's public Internet website the required annual report

submitted under Subsection (c) on the immunization status of

students for each school district and each school campus.

(f) On request of a student's parent or legal guardian, a

school district or school campus shall provide to the parent or

guardian a copy of the following information for the campus at which

the student is enrolled:

(1) the immunization rate disaggregated by type of

vaccine; and

(2) the information submitted under Subsection (c),

including:

(A) de-identified immunization exemption

information;

(B) the number of students provisionally

enrolled pending documentation of immunization;

(C) the number of students claiming an exemption

for reasons of conscience, including a religious belief;

(D) the number of students claiming an exemption

for a medical reason; and

(E) the number of students whose vaccinations are

not current.

(g) The commissioner and the executive commissioner of the

Health and Human Services Commission shall adopt rules as necessary

to ensure a report of the immunization status of students provided

under Subsections (e) and (f) complies with federal law regarding

confidentiality of student medical or educational information,

including the Health Insurance Portability and Accountability Act

of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational

Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

SECTION 3. As soon as practicable after the effective date

of this Act, the Texas Education Agency shall update the form

required by Section 38.002(c), Education Code, as amended by this

Act, to comply with that subsection.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.