Bill Text: TX SB117 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to required immunizations for children and primary or secondary school students.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-11-12 - Filed [SB117 Detail]

Download: Texas-2025-SB117-Introduced.html
  89R2448 LRM-D
 
  By: Hall S.B. No. 117
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required immunizations for children and primary or
  secondary school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 81.023(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  The executive commissioner may recommend to the
  legislature immunizations to include on the list of immunizations
  required [department shall develop immunization requirements] for
  children under Section 161.004.
         (c)  The department shall cooperate with the State Board of
  Education in [formulating and] implementing immunization
  requirements for students admitted to public or private primary or
  secondary schools.
         SECTION 2.  Section 161.004(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Every child in the state shall be immunized against
  diphtheria, mumps, poliomyelitis, rubella, rubeola, and tetanus
  [vaccine preventable diseases caused by infectious agents] in
  accordance with the [immunization] schedule prescribed [adopted]
  in department rules.  The executive commissioner may not require
  immunizations against any additional diseases for students
  admitted to a public or private primary or secondary school.
         SECTION 3.  Sections 38.001(a) and (b-1), Education Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (c), each [Each]
  student shall be fully immunized against the diseases listed in
  Section 161.004, Health and Safety Code [diphtheria, rubeola,
  rubella, mumps, tetanus, and poliomyelitis, except as provided by
  Subsection (c)].
         (b-1)  Each year, the Department of State Health Services
  shall prepare a list of the immunizations required under Section
  161.004, Health and Safety Code, [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.
         SECTION 4.  Section 38.019(a), Education Code, is 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:
                     (A)  the immunizations required for admission to
  public school in accordance with [by rules of the Department of
  State Health Services adopted under] Section 38.001; and
                     (B)  [any immunizations or vaccines recommended
  for public school students by the Department of State Health
  Services; and
                     [(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 page on the Department of State
  Health Services Internet website that provides [where a person may
  obtain] information relating to the procedures for claiming an
  exemption from the immunization requirements of Section 38.001.
         SECTION 5.  Section 42.043(b), Human Resources Code, is
  amended to read as follows:
         (b)  The department shall require that each child at an
  appropriate age have a test for tuberculosis and be immunized
  against the diseases listed in Section 161.004, Health and Safety
  Code [diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola,
  invasive pneumococcal disease, and hepatitis A and against any
  other communicable disease as recommended by the Department of
  State Health Services].  The immunization must be effective on the
  date of first entry into the facility.  However, a child may be
  provisionally admitted if the required immunizations have begun and
  are completed as rapidly as medically feasible.
         SECTION 6.  Section 38.001(b), Education Code, as amended by
  Chapters 43 (H.B. 1098) and 94 (H.B. 1059), Acts of the 80th
  Legislature, Regular Session, 2007, is repealed.
         SECTION 7.  The changes in law made by this Act to Chapter
  38, Education Code, apply starting with the 2025-2026 school year.
         SECTION 8.  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.
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