Hall Bill Freezes Required Childhood Shots At Six Diseases

The text as introduced · 685 words

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.