A Request Receipt Gets Kids Into School Without Shots

The text as introduced · 571 words

89R2430 LRM-D

By: Hall
S.B. No. 94

A BILL TO BE ENTITLED

AN ACT

relating to the affidavit form provided by the Department of State

Health Services for certain immunization exemptions.

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

SECTION 1. Section 38.001, Education Code, is amended by

adding Subsection (c-2) to read as follows:

(c-2) Notwithstanding this section, an elementary or

secondary school may not deny admission to a student who fails to

obtain the immunizations required under this section or to submit

the affidavit described by Subsection (c)(1)(B) if the student or

the student's parent or guardian provides to the school's admitting

official documentation evidencing that a request to obtain the

affidavit has been submitted to the Department of State Health

Services under Section 161.0041, Health and Safety Code.

SECTION 2. Section 51.9192, Education Code, is amended by

adding Subsection (d-7) to read as follows:

(d-7) Subsection (c) does not apply to a student who fails

to obtain a bacterial meningitis vaccination dose or booster or to

submit the affidavit described by Subsection (d)(2) if the student

or the student's parent or guardian provides to the institution

documentation evidencing that a request to obtain the affidavit has

been submitted to the Department of State Health Services under

Section 161.0041, Health and Safety Code.

SECTION 3. Section 51.933, Education Code, is amended by

adding Subsection (d-2) to read as follows:

(d-2) Notwithstanding this section, an institution of

higher education may not deny admission to a person who fails to

obtain an immunization required by this section or to submit the

affidavit described by Subsection (d)(1)(B) if the person or, if

the person is a minor, the person's parent or guardian provides to

the institution's admitting official documentation evidencing that

a request to obtain the affidavit has been submitted to the

Department of State Health Services under Section 161.0041, Health

and Safety Code.

SECTION 4. Section 161.0041, Health and Safety Code, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) A person claiming an exemption from a required

immunization under this section may only obtain the affidavit form

by submitting a [ written ] request for the affidavit form to the

department. The department shall allow a person to electronically

submit a request for the affidavit form through the department's

Internet website.

(c-1) The department shall develop and provide to each

person who submits a request for the affidavit form a standardized

receipt confirming submission of the request, regardless of whether

the request was submitted electronically, in person, or by mail or

fax.

SECTION 5. Section 42.043, Human Resources Code, is amended

by adding Subsection (d-2) to read as follows:

(d-2) Notwithstanding this section, a facility regulated

under this chapter may not deny admission to a child who fails to

obtain the immunizations required under this section or to submit

the affidavit described by Subsection (d)(2) if the child's parent

or guardian provides to the facility documentation evidencing that

a request to obtain the affidavit has been submitted to the

Department of State Health Services under Section 161.0041, Health

and Safety Code.

SECTION 6. 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.