Harrison Bill Freezes The School Vaccine List In State Law

The text as introduced · 785 words

89R1279 LRM-F

By: Harrison
H.B. No. 468

A BILL TO BE ENTITLED

AN ACT

relating to immunization requirements.

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

SECTION 1. Section 38.001(b), Education Code, as amended by

Chapter 43 (H.B. 1098), Acts of the 80th Legislature, Regular

Session, 2007, is amended to read as follows:

(b) The [ Subject to Subsections (b-1) and (c), the ]

executive commissioner of the Health and Human Services Commission

may not modify or delete any of the immunizations in Subsection (a)

or [ may ] require immunizations against additional diseases as a

requirement for admission to any elementary or secondary school.

SECTION 2. 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 Subsection

(a) [ 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 3. 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 4. Section 81.023, Health and Safety Code, is

amended to read as follows:

Sec. 81.023. IMMUNIZATION. (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 38.001(a),

Education Code .

(b) The department shall cooperate with the Department of

Family and Protective Services in [ formulating and ] implementing

the immunization requirements for children admitted to child-care

facilities.

(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 5. Subchapter A, Chapter 161, Health and Safety

Code, is amended by adding Section 161.0035 to read as follows:

Sec. 161.0035. PROHIBITED IMMUNIZATION REQUIREMENTS. (a)

Except as provided by Subsection (b), a governmental entity may not

compel or require an individual to receive an immunization,

including an immunization listed on the immunization schedules

developed by the federal Centers for Disease Control and

Prevention.

(b) Subsection (a) does not apply to an immunization

required by this subchapter or Section 38.001 or 51.933, Education

Code.

SECTION 6. Section 161.004(a), Health and Safety Code, is

amended to read as follows:

(a) Every child in the state shall be immunized against

vaccine preventable diseases caused by infectious agents in

accordance with Section 38.001, Education Code [ the immunization

schedule adopted in department rules ].

SECTION 7. 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 38.001, Education 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 8. The following provisions of the Education Code

are repealed:

(1) Section 38.001(b), as amended by Chapter 94 (H.B.

1059), Acts of the 80th Legislature, Regular Session, 2007; and

(2) Section 38.001(f).

SECTION 9. This Act applies beginning with the 2025-2026

school year.

SECTION 10. 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.