Monitoring the Session

HB 3440

bill repealing school exclusion of unvaccinated students in epidemics

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Mike OlcottRHouse 60

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the repeal of the authority to exclude certain students without certain required immunizations from attending public school in times of emergency or epidemic.

Caption from analyzed text · version I.

Summary

Section 38.001(f) goes.

The bill repeals one subsection of the Texas Education Code, Section 38.001(f), which the caption says is the authority to keep certain students without required shots out of public school during an emergency or epidemic. It touches public school students who lack certain required immunizations, along with the schools and officials who could have excluded them. Once it takes effect, either right away with a two-thirds vote or on September 1, 2025, that exclusion authority no longer exists in the statute.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 390 by Sen. Hall (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 390 by Sen. Hall (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.QUICK READ: 108 WORDS. The bill as filed runs 108 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Feb 26, 2025 and referred to the House Public Health committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB3440 · 2025-02-26

SOLD BY

ITEM

relating to the repeal of the authority to exclude certain students without certain required immunizations from attending public school in times of emergency or epidemic.

WHAT IT DOES

Section 38.001(f) goes.

The bill repeals one subsection of the Texas Education Code, Section 38.001(f), which the caption says is the authority to keep certain students without required shots out of public school during an emergency or epidemic. It touches public school students who lack certain required immunizations, along with the schools and officials who could have excluded them. Once it takes effect, either right away with a two-thirds vote or on September 1, 2025, that exclusion authority no longer exists in the statute.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Darlene Pendery$300,000Guy and Helen Mabee$100,800Guy Mabee$50,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 10, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Darlene Pendery$300,000.00
Guy and Helen Mabee$100,800.00
Guy Mabee$50,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 390

by Sen. Hall, different lead author · Died in committee · same text

Introduced text

Last action, Feb 15, 2023: Referred to Education

Relating to the repeal of the authority to exclude certain students without certain required immunizations from attending public school in times of emergency or epidemic.

Caption, 88R bill history

Sources

Texas House · Filed Feb 26, 2025

03/21/2025 H Referred to Public Health: Mar 21 2025 9:52AM

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Public Health · Final status: Died in committee

Companion

SB 118 by Hall (identical)

Subjects

Education--Primary & Secondary--Admission & Attendance

Minors--Health & Safety

IMMUNIZATIONS

Text

The text as introduced · 108 words

89R2521 ANG-F

By: Olcott
H.B. No. 3440

A BILL TO BE ENTITLED

AN ACT

relating to the repeal of the authority to exclude certain students

without certain required immunizations from attending public

school in times of emergency or epidemic.

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

SECTION 1. Section 38.001(f), Education Code, is repealed.

SECTION 2. 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.