SB94 - Relating to the affidavit form provided by the Department of State Health Services for certain immunization exemptions.

  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.