Lowe Bill Bars Every Government Body From Requiring Any Vaccine

The text as introduced · 2,919 words

89R15360 MCF-D

By: Lowe
H.B. No. 3304

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on vaccination mandates.

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

SECTION 1. Section 25.002(a), Education Code, is amended to

read as follows:

(a) If a parent or other person with legal control of a child

under a court order enrolls the child in a public school, the parent

or other person or the school district in which the child most

recently attended school shall furnish to the school district:

(1) the child's birth certificate or another document

suitable as proof of the child's identity; and

(2) a copy of the child's records from the school the

child most recently attended if the child has been previously

enrolled in a school in this state or another state, including for a

child who most recently attended a public school in this state, a

copy of the child's disciplinary record and any threat assessment

involving the child's behavior conducted under Section 37.115[ ; and

[ (3) a record showing that the child has the

immunizations as required under Section 38.001, in the case of a

child required under that section to be immunized, proof as

required by that section showing that the child is not required to

be immunized, or proof that the child is entitled to provisional

admission under that section and under rules adopted under that

section ].

SECTION 2. The heading to Section 38.001, Education Code,

is amended to read as follows:

Sec. 38.001. RECOMMENDED IMMUNIZATIONS [ IMMUNIZATION;

REQUIREMENTS; EXCEPTIONS ].

SECTION 3. Section 38.001(b-1), Education Code, is amended

to read as follows:

(b-1) Each year, the Department of State Health Services

shall prepare a list of the immunizations [ required under 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. A school district or a school,

including a private school, may not require any immunizations as a

condition of admission to or attendance at an elementary or

secondary school.

SECTION 4. Sections 38.019(a) and (b), Education Code, are

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:

(1) [ (A) the immunizations required for admission to

public school by rules of the Department of State Health Services

adopted under Section 38.001;

[ (B) ] any immunizations or vaccines recommended

for public school students by the Department of State Health

Services; and

(2) [ (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 Department of State Health Services

Internet website where a person may obtain information relating to

the procedures for claiming an exemption from the immunization

requirements of Section 38.001 ].

(b) The list of recommended immunizations or vaccines under

Subsection (a)(1) [ (a)(2) ] must include the influenza vaccine[ ,

unless the Department of State Health Services requires the

influenza vaccine for admission to public school ].

SECTION 5. The heading to Section 51.933, Education Code,

is amended to read as follows:

Sec. 51.933. IMMUNIZATION INFORMATION [ REQUIREMENTS;

EXCEPTION ].

SECTION 6. Section 51.933(a), Education Code, is amended to

read as follows:

(a) An institution of higher education may not require

students or applicants for admission to be immunized against any

communicable disease [ diphtheria, rubeola, rubella, mumps,

tetanus, and poliomyelitis, except as provided in Subsection (d) ].

SECTION 7. Section 264.1076(d), Family Code, is amended to

read as follows:

(d) A physician or other health care provider conducting an

examination under Subsection (b) may not administer a vaccination

as part of the examination without parental consent[ , except that a

physician or other health care provider may administer a tetanus

vaccination to a child in a commercially available preparation if

the physician or other health care provider determines that an

emergency circumstance requires the administration of the

vaccination ]. The prohibition on the administration of a

vaccination under this subsection does not apply after the

department has been named managing conservator of the child after a

hearing conducted under Subchapter C, Chapter 262.

SECTION 8. Section 526.0505(b), Government Code, as

effective April 1, 2025, is amended to read as follows:

(b) The executive commissioner by rule shall prohibit a

health and human services agency from taking a punitive action

against a person responsible for a child's care, custody, or

welfare for declining [ the person's failure ] to immunize or

vaccinate the child for any communicable disease [ ensure that the

child receives the immunization series prescribed by Section

161.004, Health and Safety Code ].

SECTION 9. Section 12.033(a), Health and Safety Code, is

amended to read as follows:

(a) Except as otherwise provided by this section, the

executive commissioner by rule shall adopt fees to be collected by

the department for the distribution and administration of vaccines

and sera provided under[ :

[ (1) Section 38.001, Education Code;

[ (2) Section 42.043, Human Resources Code;

[ (3) ] Chapter 826 (Rabies Control Act of 1981)[ ;

[ (4) Chapter 81 (Communicable Disease Prevention and

Control Act); and

[ (5) Section 161.005 ].

SECTION 10. Section 81.082(f), Health and Safety Code, is

amended to read as follows:

(f) In this section, "control measures" does not include an

immunization or vaccine and includes:

(1) [ immunization;

[ (2) ] detention;

(2) [ (3) ] restriction;

(3) [ (4) ] disinfection;

(4) [ (5) ] decontamination;

(5) [ (6) ] isolation;

(6) [ (7) ] quarantine;

(7) [ (8) ] disinfestation;

(8) [ (9) ] chemoprophylaxis;

(9) [ (10) ] preventive therapy;

(10) [ (11) ] prevention; and

(11) [ (12) ] education.

SECTION 11. Section 81.085(i), Health and Safety Code, is

amended to read as follows:

(i) On request of the department during a public health

disaster, an individual shall disclose the individual's

immunization information. If the individual does not have updated

or appropriate immunizations, the department may take appropriate

action during a quarantine to protect that individual and the

public from the communicable disease , but the department may not

administer a vaccine to the individual without the individual's

consent .

SECTION 12. The heading to Section 161.0051, Health and

Safety Code, is amended to read as follows:

Sec. 161.0051. REQUIRED OFFER OF IMMUNIZATIONS FOR NURSING

HOMES.

SECTION 13. Subchapter A, Chapter 161, Health and Safety

Code, is amended by adding Section 161.0055 to read as follows:

Sec. 161.0055. PROHIBITED VACCINATION MANDATES. (a) A

governmental entity or official, including the governor, a state

agency, a political subdivision, or a political subdivision

official, may not require an individual to:

(1) be vaccinated; or

(2) participate in the administration of a vaccine.

(b) This section applies to all other law, including an

agency rule, executive order, or emergency order.

(c) This section prevails to the extent of a conflict

between this section and any other law.

SECTION 14. Section 161.0074(c), Health and Safety Code, is

amended to read as follows:

(c) The report must:

(1) include the current immunization rates by

geographic region of the state, where available;

(2) focus on the geographic regions of the state with

immunization rates below the state average for preschool children;

(3) describe the approaches identified to increase

immunization rates in underserved areas and the estimated cost for

each;

(4) identify changes to department procedures needed

to increase immunization rates;

(5) identify the services provided under and

provisions of contracts entered into by the department to increase

immunization rates in underserved areas;

(6) identify performance measures used in contracts

described by Subdivision (5);

(7) include the number and type of exemptions used in

the past year;

(8) include the number of complaints received by the

department related to the department's failure to comply with

requests for exclusion of individuals from the registry;

(9) identify all reported incidents of discrimination

for requesting exclusion from the registry [ or for using an

exemption for a required immunization ]; and

(10) include ways to increase provider participation

in the registry.

SECTION 15. Section 161.0105(c), Health and Safety Code, is

amended to read as follows:

(c) The immunity created by this section is in addition to

any immunity created by Section [ Sections 161.001 and ] 161.007(i).

SECTION 16. Section 224.002(b), Health and Safety Code, is

amended to read as follows:

(b) The policy must:

(1) encourage [ require ] covered individuals to

receive vaccines for the vaccine preventable diseases specified by

the facility based on the level of risk the individual presents to

patients by the individual's routine and direct exposure to

patients;

(2) specify the recommended vaccines a covered

individual is encouraged [ required ] to receive based on the level

of risk the individual presents to patients by the individual's

routine and direct exposure to patients;

(3) [ include procedures for verifying whether a

covered individual has complied with the policy;

[ (4) include procedures for a covered individual 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 covered individual who declines to receive

[ is exempt from ] the recommended [ required ] vaccines, include

procedures the individual must follow to protect facility patients

from exposure to disease, such as the use of protective medical

equipment, such as gloves and masks, based on the level of risk the

individual presents to patients by the individual's routine and

direct exposure to patients;

(4) [ (6) ] prohibit discrimination or retaliatory

action against a covered individual who declines to receive [ is

exempt from ] the recommended [ 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, such as gloves and masks, may

not be considered retaliatory action for purposes of this

subdivision; and

(5) [ (7) ] require the health care facility to maintain

a written or electronic record of each covered individual's

immunization record [ compliance with or exemption from the policy;

and

[ (8) include disciplinary actions the health care

facility is authorized to take against a covered individual who

fails to comply with the policy ].

SECTION 17. Section 31.0031(d), Human Resources Code, is

amended to read as follows:

(d) The responsibility agreement shall require that:

(1) the parent of a dependent child cooperate with the

commission and the Title IV-D agency if necessary to establish the

paternity of the dependent child and to establish or enforce child

support;

(2) if adequate and accessible providers of the

services are available in the geographic area and subject to the

availability of funds, each dependent child, as appropriate,

complete early and periodic screening, diagnosis, and treatment

checkups on schedule [ and receive the immunization series

prescribed by Section 161.004, Health and Safety Code, unless the

child is exempt under that section ];

(3) each adult recipient, or teen parent recipient who

has completed the requirements regarding school attendance in

Subdivision (6), not voluntarily terminate paid employment of at

least 30 hours each week without good cause in accordance with rules

adopted by the executive commissioner;

(4) each adult recipient for whom a needs assessment

is conducted participate in an activity to enable that person to

become self-sufficient by:

(A) continuing the person's education or

becoming literate;

(B) entering a job placement or employment skills

training program;

(C) serving as a volunteer in the person's

community; or

(D) serving in a community work program or other

work program approved by the commission;

(5) each caretaker relative or parent receiving

assistance not use, sell, or possess marihuana or a controlled

substance in violation of Chapter 481, Health and Safety Code, or

abuse alcohol;

(6) each dependent child younger than 18 years of age

or teen parent younger than 19 years of age attend school regularly,

unless the child has a high school diploma or high school

equivalency certificate or is specifically exempted from school

attendance under Section 25.086, Education Code;

(7) each recipient comply with commission rules

regarding proof of school attendance; and

(8) each recipient attend appropriate parenting

skills training classes, as determined by the needs assessment.

SECTION 18. Sections 42.043(b) and (d), Human Resources

Code, are 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 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 ].

(d) No immunization may be required for admission to a

facility regulated under this chapter [ if a person applying for a

child's admission submits one of the following affidavits:

[ (1) an affidavit signed by a licensed physician

stating that the immunization poses a significant risk to the

health and well-being of the child or a member of the child's family

or household; or

[ (2) an affidavit signed by the child's parent or

guardian stating that the applicant declines immunization for

reasons of conscience, including a religious belief ].

SECTION 19. Section 42.04305(c), Human Resources Code, is

amended to read as follows:

(c) The policy must:

(1) encourage [ require ] each facility employee to

receive vaccines for the vaccine-preventable diseases specified by

the child-care facility based on the level of risk the employee

presents to children by the employee's routine and direct exposure

to children;

(2) specify the recommended vaccines a facility

employee is encouraged [ required ] to receive based on the level of

risk the employee presents to children by the employee's routine

and direct exposure to children;

(3) [ include procedures for verifying whether a

facility employee has complied with the policy;

[ (4) include procedures for a facility 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 facility employee who declines to receive

[ is exempt from ] the recommended [ required ] vaccines, include

procedures the employee must follow to protect children in the

facility's care 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 children by the

employee's routine and direct exposure to children;

(4) [ (6) ] prohibit discrimination or retaliatory

action against a facility employee who declines to receive [ is

exempt from ] the recommended [ 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; and

(5) [ (7) ] require the child-care facility to maintain

a written or electronic record of each facility employee's

immunization record [ compliance with or exemption from the policy;

and

[ (8) state the disciplinary actions the child-care

facility is authorized to take against a facility employee who

fails to comply with the policy ].

SECTION 20. The following provisions are repealed:

(1) Section 33.0832(m), Education Code;

(2) Sections 38.001(a), (c), (c-1), (d), (e), and

(f), Education Code;

(3) 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;

(4) Section 38.019(a-1), Education Code;

(5) Section 51.9192, Education Code;

(6) Sections 51.933(b), (b-1), (d), (d-1), and (e),

Education Code;

(7) Section 526.0505(c), Government Code;

(8) Section 81.023, Health and Safety Code;

(9) Section 161.001, Health and Safety Code;

(10) Section 161.004, Health and Safety Code;

(11) Section 161.0041, Health and Safety Code;

(12) Section 161.005, Health and Safety Code;

(13) Section 161.007(h), Health and Safety Code;

(14) Section 224.002(c), Health and Safety Code;

(15) Section 224.003, Health and Safety Code;

(16) Sections 31.031(d) and (e), Human Resources Code;

(17) Sections 42.043(a), (c), (d-1), and (f), Human

Resources Code; and

(18) Section 42.04305(d), Human Resources Code.

SECTION 21. Each facility subject to Chapter 224, Health

and Safety Code, as amended by this Act, or Section 42.04305, Human

Resources Code, as amended by this Act, shall modify the facility's

vaccine-preventable disease policy to conform with the changes in

law made by this Act not later than January 1, 2026.

SECTION 22. (a) The changes in law made by this Act to Title

2, Education Code, apply starting with the 2025-2026 school year.

(b) The changes in law made by this Act to Title 3, Education

Code, apply starting with the 2025-2026 academic year.

SECTION 23. 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.