HB2755 - Relating to requirements for and transparency of epidemiological reports and immunization exemption information and reports.

  89R10108 KRM-F     By: Rosenthal H.B. No. 2755       A BILL TO BE ENTITLED   AN ACT   relating to requirements for and transparency of epidemiological   reports and immunization exemption information and reports.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.047, Health and Safety Code, is   amended to read as follows:          Sec. 81.047.  EPIDEMIOLOGICAL REPORTS. (a) Subject to the   confidentiality requirements of this chapter, the department shall   require epidemiological reports of disease outbreaks and of   individual cases of disease suspected or known to be of importance   to the public health , including vaccine preventable diseases . The   department shall evaluate the reports to determine the trends   involved and the nature and magnitude of the hazards.           (b)     The department shall prepare and submit to the   legislature and the governor not later than December 1 of each   even-numbered year a biennial report that contains:                 (1)     a report of outbreaks of vaccine preventable   diseases in this state; and                 (2)     de-identified immunization exemption information,   including the number of persons claiming an exemption from the   immunization requirements of Section 161.004 of this code, Sections   38.001, 51.9192, and 51.933, Education Code, and Section 42.043,   Human Resources Code.          SECTION 2.  Section 38.002, Education Code, is amended by   amending Subsections (a) and (c) and adding Subsections (d), (e),   (f), and (g) to read as follows:          (a)  Each public school shall keep an individual   immunization record during the period of attendance for each   student admitted. The records shall be open for inspection at all   reasonable times by the agency  [ Texas Education Agency ] or by   representatives of local health departments or the [ Texas ]   Department of State Health Services .          (c)  The agency  [ Texas Education Agency ] and the [ Texas ]   Department of State Health Services shall develop the form for a   required annual report of the immunization status of students that   includes de-identified immunization exemption information . The   report shall be submitted by all schools at the time and in the   manner indicated in the instructions printed on the form.           (d)     Each school district shall provide to the Department of   State Health Services the information required by Subsection (c)   for the district and each school campus in the district.           (e)     The Department of State Health Services shall post on   the department's public Internet website the required annual report   submitted under Subsection (c) on the immunization status of   students for each school district and each school campus.           (f)     On request of a student's parent or legal guardian, a   school district or school campus shall provide to the parent or   guardian a copy of the following information for the campus at which   the student is enrolled:                 (1)     the immunization rate disaggregated by type of   vaccine; and                 (2)     the information submitted under Subsection (c),   including:                       (A)     de-identified immunization exemption   information;                       (B)     the number of students provisionally   enrolled pending documentation of immunization;                       (C)     the number of students claiming an exemption   for reasons of conscience, including a religious belief;                       (D)     the number of students claiming an exemption   for a medical reason; and                       (E)     the number of students whose vaccinations are   not current.           (g)     The commissioner and the executive commissioner of the   Health and Human Services Commission shall adopt rules as necessary   to ensure a report of the immunization status of students provided   under Subsections (e) and (f) complies with federal law regarding   confidentiality of student medical or educational information,   including the Health Insurance Portability and Accountability Act   of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational   Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).          SECTION 3.  As soon as practicable after the effective date   of this Act, the Texas Education Agency shall update the form   required by Section 38.002(c), Education Code, as amended by this   Act, to comply with that subsection.          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.