HB1082 - Relating to claiming an exemption from required immunizations for school enrollment.

      By: Curry H.B. No. 1082       A BILL TO BE ENTITLED   AN ACT   relating to claiming an exemption from required immunizations for   school enrollment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 161.0041(c), (d), and (e), Health and   Safety Code, are amended to read as follows:          (c)   The department shall develop a blank affidavit form to   be used by a person claiming an exemption from a required   immunization under this section and make the affidavit form   available in a printable format on the department's Internet   website and in all school nurse offices. A person claiming an   exemption from a required immunization [ under this section ] may   also [ only ] obtain the affidavit form by submitting a written   request for the affidavit form to the department.   A person may not   be required to provide any information to obtain a blank affidavit   form under this subsection.          (d)  [ The department shall develop a blank affidavit form   that contains a seal or other security device to prevent   reproduction of the form. ] The affidavit form shall contain a   statement indicating that the person or, if a minor, the person's   parent, managing conservator, or guardian understands the benefits   and risks of immunizations and the benefits and risks of not being   immunized.          (e)  The department may [ shall ] maintain a record of the   total number of times an affidavit form was accessed on the   department's Internet website or requested under Subsection (c)   [ forms sent out each year and shall report that information to the   legislature each year ]. The department may not maintain a record of   any personally identifying information [ the names ] of individuals   who download, access, request , or submit an affidavit form under   this section.          SECTION 2.  Section 161.0041(b), Health and Safety Code, is   repealed.          SECTION 3.  As soon as practicable after the effective date   of this Act, the Department of State Health Services shall modify   the existing affidavit form required by Section 161.0041, Health   and Safety Code, as amended by this Act.          SECTION 4.  This Act applies beginning with the 2025-2026   school year.          SECTION 5.  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.