HB3304 - Relating to a prohibition on vaccination mandates.

  89R15360 MCF-D     By: Lowe H.B. No. 3304       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on vaccination mandates.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.002(a), Education Code, is amended to   read as follows:          (a)  If a parent or other person with legal control of a child   under a court order enrolls the child in a public school, the parent   or other person or the school district in which the child most   recently attended school shall furnish to the school district:                (1)  the child's birth certificate or another document   suitable as proof of the child's identity; and                (2)  a copy of the child's records from the school the   child most recently attended if the child has been previously   enrolled in a school in this state or another state, including for a   child who most recently attended a public school in this state, a   copy of the child's disciplinary record and any threat assessment   involving the child's behavior conducted under Section 37.115[ ; and                [ (3) a record showing that the child has the   immunizations as required under Section 38.001, in the case of a   child required under that section to be immunized, proof as   required by that section showing that the child is not required to   be immunized, or proof that the child is entitled to provisional   admission under that section and under rules adopted under that   section ].          SECTION 2.  The heading to Section 38.001, Education Code,   is amended to read as follows:          Sec. 38.001.   RECOMMENDED IMMUNIZATIONS [ IMMUNIZATION;   REQUIREMENTS; EXCEPTIONS ].          SECTION 3.  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 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. A school district or a school,   including a private school, may not require any immunizations as a   condition of admission to or attendance at an elementary or   secondary school.          SECTION 4.  Sections 38.019(a) and (b), Education Code, are   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:                 (1)   [ (A) the immunizations required for admission to   public school by rules of the Department of State Health Services   adopted under Section 38.001;                      [ (B) ] any immunizations or vaccines recommended   for public school students by the Department of State Health   Services; and                 (2)  [ (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 Department of State Health Services   Internet website where a person may obtain information relating to   the procedures for claiming an exemption from the immunization   requirements of Section 38.001 ].          (b)  The list of recommended immunizations or vaccines under   Subsection (a)(1) [ (a)(2) ] must include the influenza vaccine[ ,   unless the Department of State Health Services requires the   influenza vaccine for admission to public school ].          SECTION 5.  The heading to Section 51.933, Education Code,   is amended to read as follows:          Sec. 51.933.  IMMUNIZATION INFORMATION [ REQUIREMENTS;   EXCEPTION ].          SECTION 6.  Section 51.933(a), Education Code, is amended to   read as follows:          (a)  An institution of higher education may not require   students or applicants for admission to be immunized against any   communicable disease [ diphtheria, rubeola, rubella, mumps,   tetanus, and poliomyelitis, except as provided in Subsection (d) ].          SECTION 7.  Section 264.1076(d), Family Code, is amended to   read as follows:          (d)  A physician or other health care provider conducting an   examination under Subsection (b) may not administer a vaccination   as part of the examination without parental consent[ , except that a   physician or other health care provider may administer a tetanus   vaccination to a child in a commercially available preparation if   the physician or other health care provider determines that an   emergency circumstance requires the administration of the   vaccination ]. The prohibition on the administration of a   vaccination under this subsection does not apply after the   department has been named managing conservator of the child after a   hearing conducted under Subchapter C, Chapter 262.          SECTION 8.  Section 526.0505(b), Government Code, as   effective April 1, 2025, is amended to read as follows:          (b)  The executive commissioner by rule shall prohibit a   health and human services agency from taking a punitive action   against a person responsible for a child's care, custody, or   welfare for declining [ the person's failure ] to immunize or   vaccinate the child for any communicable disease [ ensure that the   child receives the immunization series prescribed by Section   161.004, Health and Safety Code ].          SECTION 9.  Section 12.033(a), Health and Safety Code, is   amended to read as follows:          (a)  Except as otherwise provided by this section, the   executive commissioner by rule shall adopt fees to be collected by   the department for the distribution and administration of vaccines   and sera provided under[ :                [ (1) Section 38.001, Education Code;                [ (2) Section 42.043, Human Resources Code;                [ (3) ] Chapter 826 (Rabies Control Act of 1981)[ ;                [ (4) Chapter 81 (Communicable Disease Prevention and   Control Act); and                [ (5) Section 161.005 ].          SECTION 10.  Section 81.082(f), Health and Safety Code, is   amended to read as follows:          (f)  In this section, "control measures" does not include an   immunization or vaccine and includes:                (1)  [ immunization;                [ (2) ] detention;                 (2)  [ (3) ]  restriction;                 (3)  [ (4) ]  disinfection;                 (4)  [ (5) ]  decontamination;                 (5)  [ (6) ]  isolation;                 (6)  [ (7) ]  quarantine;                 (7)  [ (8) ]  disinfestation;                 (8)  [ (9) ]  chemoprophylaxis;                 (9)  [ (10) ]  preventive therapy;                 (10)  [ (11) ]  prevention; and                 (11)  [ (12) ]  education.          SECTION 11.  Section 81.085(i), Health and Safety Code, is   amended to read as follows:          (i)  On request of the department during a public health   disaster, an individual shall disclose the individual's   immunization information. If the individual does not have updated   or appropriate immunizations, the department may take appropriate   action during a quarantine to protect that individual and the   public from the communicable disease , but the department may not   administer a vaccine to the individual without the individual's   consent .          SECTION 12.  The heading to Section 161.0051, Health and   Safety Code, is amended to read as follows:          Sec. 161.0051.  REQUIRED OFFER OF IMMUNIZATIONS FOR NURSING   HOMES.          SECTION 13.  Subchapter A, Chapter 161, Health and Safety   Code, is amended by adding Section 161.0055 to read as follows:           Sec.   161.0055.     PROHIBITED VACCINATION MANDATES. (a) A   governmental entity or official, including the governor, a state   agency, a political subdivision, or a political subdivision   official, may not require an individual to:                 (1)  be vaccinated; or                 (2)  participate in the administration of a vaccine.           (b)     This section applies to all other law, including an   agency rule, executive order, or emergency order.           (c)     This section prevails to the extent of a conflict   between this section and any other law.          SECTION 14.  Section 161.0074(c), Health and Safety Code, is   amended to read as follows:          (c)  The report must:                (1)  include the current immunization rates by   geographic region of the state, where available;                (2)  focus on the geographic regions of the state with   immunization rates below the state average for preschool children;                (3)  describe the approaches identified to increase   immunization rates in underserved areas and the estimated cost for   each;                (4)  identify changes to department procedures needed   to increase immunization rates;                (5)  identify the services provided under and   provisions of contracts entered into by the department to increase   immunization rates in underserved areas;                (6)  identify performance measures used in contracts   described by Subdivision (5);                (7)  include the number and type of exemptions used in   the past year;                (8)  include the number of complaints received by the   department related to the department's failure to comply with   requests for exclusion of individuals from the registry;                (9)  identify all reported incidents of discrimination   for requesting exclusion from the registry [ or for using an   exemption for a required immunization ]; and                 [Text truncated for display. 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